Our Alternative Legal Services
No one benefits from a long, drawn out custody battle,
especially children. There are various alternatives to
traditional litigation, which encourage amicable resolution of
pending disputes while keeping the focus on your child, such as
guardian ad litem appointments, custody mediation, case
management, and collaborative law. The utilization of such
services greatly minimizes the likelihood of an ugly legal
battle and the ill effects such a battle can cause to your
child.
Guardian Ad Litem Appointments
A guardian ad litem (GAL) is an attorney appointed by the court
to represent the best interests of the child. A GAL is
responsible for completing an independent investigation to
include making ongoing contact with the child, the child’s
parents, the school, therapists and others. (Click here for more
information on GAL)
Experienced Case Management
Who better to determine a child’s future than his or her
parents? Case management is a mechanism to help parents overcome
communication barriers and work together to resolve disputes. A
case manager may be appointed by the court in a high conflict
custody dispute. A case manager is responsible for providing
services, other than mediation, to help facilitate cooperative
parenting. When a dispute arises between co-parents, case
management offers an excellent alternative to court involvement.
Case managers help facilitate agreements between co-parents.
If an agreement cannot be reached, the case manager will take
the knowledge he or she has learned and make a recommendation to
the court.
Is case management appropriate for my case?
Your case may be a good fit for case management if:
- Mediation has been attempted but failed to resolve the
dispute
- Mediation has been deemed inappropriate by the family
- Repetitive conflict exists in the family
- A parent exhibits a diminished capacity to parent
Custody Mediation
Custody mediation is a process by which a neutral third party
works with both parents to facilitate parenting agreements. With
the consent of both parents, financial issues may be discussed
in the mediation process as well. Everything discussed during
mediation is confidential.
The mediation process usually consists of one individual
session with each parent in which issues will be outlined as
well as one or two joint sessions with both parties. Alternative
arrangements can be made if necessary. At the conclusion of the
mediation process, if an agreement is reached, the mediator will
journalize that agreement and submit to the parties and counsel,
if applicable, for approval. A mediated agreement does not
become binding until signed by both parties and, most
importantly, approved by the court.
Collaborative Law
If you are considering divorce and have concerns about “going to
court,” collaborative law offers a structured alternative to the
court room.
Collaborative law encourages settlement outside of court. In
the collaborative law process, each party is represented by
their own attorney. The attorneys and clients sign a
participation agreement which stipulates both attorneys will
withdraw from the case if the parties are unable to reach
settlement.
By creating a cooperative environment, parties can diligently
work towards reaching agreements which are in the best interest
of their child(ren), rather than preparing for a potentially
lengthy court battle.
|