Litigation is rarely the best method of resolving disputes. While it is inevitable in some cases, other methods of resolving disputes may be more desirable. While our mission is to strongly advocate on behalf of our clients, this does not necessarily mean you have to "go to court" to resolve the matter.
In many cases we are able to resolve cases by settlement which necessarily comes with thorough preparation and investigation. In other cases, areas of dispute can be narrowed and ultimately resolved with the assistance of a trained third party neutral, often a mediator and sometimes an arbitrator. This is known as alternative dispute resolution (ADR).
Our role in ADR varies in different cases. First of all, we make it a policy to acquaint our clients with the process of ADR and to advise them when it may be useful in their particular case. For example, we sometimes identify a situation that is suited for direct reference to mediation where the parties participate without the presence of their lawyers. In those cases, we will have advised our client on the legal issues involved and the mediation or arbitration process so that he or she is better prepared to participate successfully in the mediation. In those cases where we are not present at the mediation sessions, we sometimes also advise clients on an ongoing basis or answer questions as the mediation proceeds from one session to the next. At the conclusion of this type of mediation, we can prepare or review and advise on the terms of the document or agreement to be signed.
In other cases we are present and participate directly in the mediation. This usually comes at a stage in the divorce process when we have secured the information necessary to fully present and advocate our client's position. Becase such mediation sessions can be expensive (the clients are paying two attorneys plus the mediator by the hour), we also try to assure that the mediation takes place at a point where final resolution of the issues is likely.