Mediation
Mediation involves the least amount of formal court involvement and the greatest amount of commitment by the parties. Both parties agree upon a neutral third person (an attorney or other professional) whose role is to help them make their own agreement on the issues.
This kind of settlement requires that both parties be at least willing to discuss options that may work. The role of the mediator is to assist resolution, and not to give legal advice to either party. If the Law Offices of Cora J. Dorado and Daniel Rinaldelli act as a mediator, we will require that both parties consult another attorney to have the final agreement reviewed, and will strongly urge that each party use independent counsel for advice during negotiation. As a mediator, we can offer neutral evaluations of the law, but cannot advise the parties as to their best possible positions.
Once agreement has been reached on all issues, a final written document (either a “Marital Settlement Agreement” or “Stipulated Judgment”) is signed and filed with the court, and the judgment of Dissolution becomes final. No court appearance is required.
Collaborative Law
This approach to the resolution of the issues recognizes a need for each party to have a legal advocate, but which avoids court appearances. The idea is that the parties will fully cooperate in the disclosure of information, consultation of experts and evaluation of assets, and a parenting plan for your children. For example, the parties might agree to hire a neutral accountant to look at the family’s assets and debts in detail, and present a summary which could be used by both parties in reaching a settlement.
The difference between this approach and a simply cooperative attitude toward litigation, lies in the initial agreement among the two parties and their two attorneys. All four agree at the outset that no one will resort to litigation unless all possibility of negotiation has broken down, and in that event, that the parties will retain new counsel. Thus both attorneys and their clients understand from the outset that there is no advantage in taking an unreasonable position which must be litigated in court.