Particularly when family members and/or a spouse or soon to be ex-spouse is involved, the right ADR technique is often the most efficient way to achieve your goals – particularly in family law matters.
Bollier Ciccone LLP works diligently with each client to determine if and how ADR can better position them for a more efficient outcome. Our team brings to bear not only a complete understanding of family law and litigation but also creativity and the ability to listen – two components that are crucial in understanding the unique people challenges that family-related disputes present and in determining the right path for ADR.
Not only are we proven and persuasive advocates inside and outside the courtroom, we also know how to leverage ADR proceedings and the benefits of a non-litigated path to resolution. Our litigators are acutely focused on employing the right strategy to present our client’s most compelling case before mediators and arbitrators alike, as well as with opposing counsel. Whether a lawsuit is filed and/or ADR is the more optimized path to the right end, we will optimize your best possible outcome and conserve your time and resources.
Mediation
Mediation is an ADR process which allows parties to settle their case out of court by agreement with the help of a mediator. A mediator is an attorney who is retained as a neutral third party to help matter constituents fully or partially come to an agreement to dispose of their family law matter and avoid or mitigate the necessity for protracted litigation before the courts.
It is always desirable to make your own decisions by coming to a reasonable agreement regarding the outcome of your case, as going to court is emotionally taxing, expensive, and sometimes unpredictable. Texas family law encourages settlement of divorce and custody disputes whenever possible. In fact, most counties in Texas require that parties attempt to dispose of the issues in their case through mediation before allowing the case to go to a final trial.
Mediation is an adversarial process, but even the most contentious family law matter can be successfully resolved through mediation with a prepared, experienced advocate such as our Family Law litigators. We will almost always recommend mediation before taking your case to trial. Our advocates do believe, however, that being prepared to go to trial will render the best possible result in any mediation.
Collaborative law process
The collaborative law process is an innovative, comprehensive, alternative approach to litigation in marriage dissolution or modification. The basis for collaborative law is that information regarding property, children, and all other aspects of the issues involved should be shared openly and exchanged freely. Transparency is essential throughout the collaborative law process.
How does collaborative law work? Collaborative law focuses on the goals of the specific parties and their children and less on the provisions and presumptions contained in the Texas Family Code. A collaborative team is assembled to address the specific needs of the issues involved in your specific matter and may include a mental health professional to assist with communication and co-parenting challenges or a financial professional to help sort through any property issues.
Once the parties enter the collaborative law process and that process is terminated, the parties are required to retain different litigation counsel. The issues discussed during the collaborative caw process are generally confidential. There could be many advantages to collaborative law, including minimizing costs, maintaining control over the outcome of the case, and eliminating the stress of protracted litigation. Whether these advantages can be maximized in the collaborative law process is determined on a case-by-case basis. Bollier Ciccone LLP will work with you to determine if this process is one that is appropriate for you and your specific needs.
Arbitration
Arbitration is a private resolution of matters as an alternative to court. Matters referred to as private arbitration are done so contractually (pursuant to a marital property agreement or mediated settlement agreement) or by agreement, after a lawsuit has been filed. Often, the arbitrator’s decision is binding on the parties. There could be several advantages to choosing arbitration to finalize your family law matter, including:
- Parties choose the arbitrator, whereas you cannot choose your judge if you take your case to court
- Arbitration can be more cost-effective
- Arbitration is private and confidential, whereas courts are public and open