Types of Attorney Representation

In recent years a trend has begun to avoid court involvement. In family law this trend has been seen with mediation and collaborative law. Traditionally people hired an attorney who represented them and attempted to negotiate a settlement while preparing for trial. If the settlement efforts never came to fruit then the parties went to trial. Today new alternatives have become available.

Mediation is an alternative to this traditional attorney representation. In mediation the parties will attempt to resolve their problems during face to face conversation managed my a mediator. The mediator will make sure the conversations are focused on resolution by limiting abuse and insults. Mediation can be a very effective tool to resolve family law disputes when emotions have calmed down or there is no history of abuse.

Collaborative law offers a second alternative that may be more helpful if the parties are unable or unwilling to sit down together to discuss their problems. With collaborative law both parties agree not to involve the courts and each party has a separate attorney to negotiate on their behalf. This allows both sides to avoid the conflict involved with going to court and allows attorneys to filter communications between the parties. If mediation seems like a poor fit for family law issues then collaborative law may be more appropriate.

I am a believer in the power of mediation and collaborative law. Both can be very effective, cost less than trials and avoid unnecessary conflict. However in some cases they should be avoided. If there is a history of abuse or some factors that make private negotiations detrimental to one party, involving the court may actually help. The court may provide a needed authority figure. In addition failure to comply with a court order may be civilly and criminally punishable.

Whatever your needs, legal representation may come in numerous forms. It is important to remember that family law issues are not all typical and your particular issues should dictate how you choose to resolve them.