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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. |