Navigating a divorce or family law issue can be daunting, and while the allure of resolving matters outside of court is strong, it’s crucial to recognize the potential pitfalls for you and your family. I’m Zachary C. Ashby from Pacific Northwest Family Law, and today, we’re diving into the realities of alternative dispute resolution.
Mediation, Negotiation, and Collaborative Law
Mediation, collaborative law, and negotiation are invaluable tools, but their effectiveness hinges on the skill of the individual employing them. Let’s break this down. Mediation involves a neutral third party facilitating a consensus. Collaborative law is a structured approach wherein all parties work together as a cohesive team. Negotiation, on the other hand, is a direct exchange between attorneys.
The wrong tactic or wrong family law attorney will harm negotiation
These strategies can dramatically reduce time and stress if executed properly. However, choosing the wrong attorney or feeling intimidated can lead to inadequate preparation. It’s essential to be ready for court, even if you hope to avoid it. You need an attorney who is not only comfortable in court but one who can secure the best outcomes for you.
Understand this: not all attorneys or parties utilize these methods effectively. Some attorneys may prefer mediation simply to avoid court, and that’s not what you want. Surprisingly, some legal professionals dislike conflict and litigation but feel obligated to engage in it. Avoid these attorneys at all costs. Conversely, there are those who thrive on going to court, which may not serve your best interests either.
Your Family Law Attorney must be ready for trial
To navigate these waters effectively, your attorney must be prepared to take your case to trial. If they aren’t, you risk being pressured into a settlement that doesn’t align with your needs—an unfair situation for you and your family. Additionally, individuals who attempt to handle these matters independently often settle without fully understanding the implications of their choices.
So, what’s the key to successful mediation and negotiation? You must understand the risks associated with trial outcomes. The most effective negotiators and attorneys in mediation or collaborative law situations are those unafraid of the courtroom. Why? Because litigators possess real courtroom experience. They grasp the risks and rewards of trial, understand legal precedents, and know how judges typically rule in similar cases. This expertise provides them with leverage during negotiations, enabling them to pursue realistic and favorable outcomes rather than merely what sounds appealing.
They’re capable of pushing for better results than what might be achieved at trial and know when to walk away. If the opposing party remains unyielding, they’re prepared to advocate fiercely for you in court.
Being Ready for a Family Law Trial Creates Negotiation Success
At Pacific Northwest Family Law, we embody a philosophy inspired by Teddy Roosevelt: “Walk softly and carry a big stick.” Our balanced approach to family law is intentional. We strive for peaceful resolutions whenever feasible because your time and well-being are paramount. Achieving agreements often leads to superior outcomes. However, we also equip ourselves with the necessary skills and knowledge to excel in trial scenarios.
If you’re contemplating whether mediation, collaboration, negotiation, or trial is the best course for your family, we’re here to assist you. Our primary mission as attorneys is to guide you with strength and clarity throughout your family law journey, allowing you to focus on being the hero your family needs.
