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Family Law ApproachesMediation, Collaboration and LitigationChoosing an Approach that Works for YouI offer three approaches to resolve family law issues: mediation, collaboration and litigation. Choosing one of these is crucial because it will determine how your case proceeds. Every family situation is unique. I am here to help you determine which approach you feel is the most appropriate given your circumstances. Mediation: Honest and Effective NegotiationIn mediation, you and your spouse work with a trained, experienced, neutral facilitator, whose role is to provide an environment in which you and your spouse reach your own divorce terms. Those terms form the basis of a contract and, when submitted to the court, become part of your divorce judgment. This approach tends to be the most expeditious and least costly. It presumes, however, a capacity in you and your spouse to negotiate honestly and effectively with one another. Collaboration: Reaching Consensus as a TeamIn collaboration, you and your spouse meet in a neutral setting with your attorneys and resolve outstanding issues by reaching consensus. In advance of your first joint meeting all participants agree that their intention is to resolve all matters outside of court. Further, you agree that if the collaboration falls apart, either party may got to court but both lawyers must withdraw. Collaboration sometimes includes the participation of experts who coach the parties on issues of financial analysis or planning, child development, or on healthy ways to exit a relationship. Litigation: Sometimes Your Best and Only ChoiceAfter litigating cases for more than 25 years, I know that some family law issues must be litigated. Based on my experience, I can attest that this approach is most costly on every level, but some issues cannot be resolved through either negotiation or collaboration and must be presented to a judge for final determination. In such circumstances it is always my goal to manage a case as economically as possible and to look for every opportunity to settle issues short of trial. To learn more about which approach might be best for you, call the Law & Mediation Office of Sara MacDwyer at 415-503-9653 or toll-free at 866-470-8384. You can also contact me by e-mail. The Law & Mediation Office of Sara MacDwyer serves clients in San Francisco and throughout the San Francisco Bay Area, as well as other communities in San Francisco County, Marin County, Contra Costa County, Alameda County, California.
Law & Mediation Office of Sara MacDwyer
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