Divorce and Family Lawyer - White Plains, NY 


Arnold Cribari offers three alternatives for clients involved in divorce, custody and visitation disputes and other family matters.

Choice 1: Mediation

Mediation is recommended when there is an approximately equal balance of power between the divorcing spouses who share common values. Both parties must be able to advocate for themselves on a relatively equal footing. In this approach, one attorney serves in a neutral capacity in mediating the two parties’ negotiations. The goal is to help the couple reach a meeting of the minds on all issues to avoid courtroom litigation, and make a settlement agreement acceptable to both parties. Once this meeting of the minds is reached, a settlement agreement is prepared and each party has it reviewed by his/her own mediation friendly divorce attorney.

Choice 2: Collaborative Law

In collaborative law, both spouses have their own attorneys from the outset. The lawyer's' conflict resolution training enables them to work as a team.  The attorneys focus on each spouse's needs and concerns - and those of their children -with the goal being a settlement that works for everyone. Even when there is an unequal balance of power and strongly contested issues in a divorce, skilled collaborative attorneys make this an effective alternative for many couples. Collaborative Law, like mediation, takes the divorce process out of the adversarial court-based system.  Unlike mediation, collaborative law offers each spouse a skilled advocate to provide legal advice and support throughout the negotiating process. The collaborative lawyers also serve as peacemakers to help minimize conflict and stress, and resolve disputes.

Mental Health Professionals, (divorce coaches and a child specialist) and a financial specialist are available to facilitate the collaborative process.

Collaborative practice is so different from traditional adversarial-based negotiation, we have devoted a separate section of this website to explain this innovative concept. Click here for a full explanation of Collaborative Law.

Choice 3: Traditional Negotiation with Courtroom Litigation as an Option

This option often takes place within the adversarial court system. The adversarial system is usually NOT the best forum for dissolving a marriage, but – until recently - it was the only system available. Working within the adversarial system is necessary when one or both of the parties are more interested in “winning,” than in coming to a fair settlement. It can be the best alternative when a spouse has recently been the victim of serious abuse, or if such abuse is being threatened.

This is the most expensive and emotionally draining alternative.  The negotiation in this process is often based on power, pressure and threats as an incentive to come to an agreement. Ironically, if negotiations break down, both parties give up their power and put the decisions in the hands of a judge. Nevertheless, there are some cases that must be handled this way.  If this approach is used, it is critical that the attorney be a good trial lawyer, aggressive when necessary, and well-versed in statutory and case law.

If divorce litigation is necessary, Arnold will take steps in cases involving substantial assets and income to assure that his client can compete on an even playing field. With his client's full knowledge and consent, he will partner with other professionals, including financial experts and outside counsel with expertise in other areas of law.

 "In our collaborative divorce, all the decisions were made by us - not the lawyers or the judges. It gave us control over the outcome of our divorce." - Collaborative Client





"Discourage litigation. Persuade neighbors to compromise whenever you can.  Point out how the nominal winner is often the real loser in fees, expenses and waste of time.  As a peacemaker, the lawyer has a superior opportunity of becoming a good man."
-Abraham Lincoln
 
 
Arnold D. Cribari     175 Main Street    White Plains, NY 10601

This web site is designed for general information only.
The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.