There are different approaches that can be utilized during a family law case. First, there is the traditional litigation approach. Litigation is where the parties appear in court, argue their positions, exchange information through the discovery process, and ultimately have the judge or magistrate make a decision based on the evidence presented. This approach is typically adversarial and can at times cause undue animosity between the parties.
Second, parties can work together in an amicable fashion, negotiate, and reach an agreement without prolonged litigation. This process can either involve one attorney who represents one of the parties and the other party does not have an attorney, or two attorneys where both parties retain counsel. This is sometimes called an uncontested divorce or dissolution.
A third approach is mediation. Mediation is a form of alternative dispute resolution that allows parties to maintain control over their situation and make decisions together about their life, finances, families, and future. During a mediation, a trained, neutral mediator is present with the sole purpose of facilitating an agreement between the parties. The mediator helps the parties generate options and choose which option is best for their situation. The attorneys at Overmann Family Law are trained mediators who are familiar with this approach and able to help clients determine if it is best for their situation. The lawyers at O Family Law are trained mediators available to serve in the role of mediator for parties who choose to not retain attorneys or parties who have their own representation.
A fourth approach is Collaborative Family Law. Collaborative Law is a form of alternative dispute resolution. It is different than litigation and mediation; however, elements from both are present in this approach. In a Collaborative Family Law case, both parties are represented by an attorney trained in the Collaborative Law process. The parties work together in order to gather information, generate options, and reach a resolution.
Our attorneys carefully assess the situation and discuss the options to choose the best approach to our client’s case. At O Family Law, we are Focused on Your Future.
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