A family law matter can resolve itself through one of three main processes (and sometimes a combination):
Litigation is the classic approach, where everyone has a court decide their family’s fate, with or without the assistance of an attorney. It can be an ugly process, but there are certainly time when a Court is necessary to enhance accountability or rectify wrongdoings. Most of the time, however, litigation is too dramatic, too costly, and too disruptive to the family that is already struggling.
Collaboration is an alternate to litigation that uses many of the same players, but does NOT use the Court. It may seem about as expensive as litigation—at least at first—but it is focused on assessing everyone’s interests in the case and meeting them all as much as possible. A Collaborative case includes not only two attorneys, but also experts to advise in regard to children and financial issues, as well as coaches to help the process along. While there is no culminating Court date, there is a lot of support for all of the parties involved, and a lot of useful guidance.
Mediation is different. It is the least intrusive and likely the least expensive of the options. Mediation is a process where both parties—Husband and Wife—come to see ONE attorney who guides them through the dissolution process (or some facet of it), helping them work through conflicts as they arise. In certain cases, a party may wish to consult with an attorney “of their own” as the process continues or certainly as a settlement agreement is being produced, but the main relationships are between the parties and their one mediator. Together, they fully inform each other in regard to the issues, the law, and the process, and together they work everything to a sensible conclusion…without a lot of experts, time or costs.
The Maloof Law Group, APC believes that vast majority of dissolutions and post-judgment matters can and should be resolved through mediation. Few issues are so complicated or controversial to really require the cost and rigors of litigation or collaboration, and families are generally better served by processes that are faster and less expensive.
Nick Maloof and Derek Hooper, along with the rest of our team, would be very pleased to help you with your family law matter as your mediator. Please contact us to schedule a consultation with all parties present.