This process involves direct attorney to attorney negotiation with input from each of the clients. The parties and attorneys agree to cooperate with each other in the discovery process as well as formulating the resolution of the case.
dispute
resolution
Legal disputes provide an opportunity to effect positive change through a creative and collaborative process.
Whether you are navigating divorce, co-parenting issues, or negotiating ongoing business matters, it is our goal to help you settle disputes outside of the courts and move forward to a peaceful resolution.
Each case is unique and we review with every client the facts and circumstances of their situation to provide a process option assessment for their case. Attorney Klebanoff is a skilled, empathetic, and compassionate professional who considers all of the options, including out of court dispute resolution processes and litigation. We work with outside litigation counsel to transition or refer appropriate cases. We provide mediation, collaborative law, and attorney negotiated settlement services.
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No. 1
Mediation
Mediation is a confidential process in which parties voluntarily use a neutral person to help them resolve issues pertinent to their dispute.
The mediator has no power to decide the outcome and does not represent either party. The mediator facilitates the process by helping the parties identify and discuss their goals, interests and needs concerning the issues relevant to a resolution. The parties decide the outcome in a private and confidential setting.
Divorce Mediation transforms an adversarial process about blame in the past into a planning process about parenting and finances in the future. We assist clients in all aspects of the divorce process and prepare all necessary documentation to facilitate the resolution of the issues and guide our clients through the legal process, including preparation of all documents and other assistance in order for parties to attend a court hearing.
Mediation of business disputes can provide an avenue to improve future working relationships. Small businesses, especially family businesses, are unique in their oftentimes desire to continue to work together and/or maintain or heal existing relationships. We work with parties to resolve ownership issues, including formation and succession planning, as well as general contract and employment disputes.
No. 2
Collaborative Law
Collaborative Law is a multi-disciplinary team based process in which each party is represented by a collaboratively trained lawyer in the negotiation and drafting of a settlement without court involvement.
The process provides clients with the benefit of having legal counsel involved throughout the process and encourages them to advocate for their interests and concerns. The parties also engage a neutral coach/ facilitator and may engage other neutral experts appropriate for their case. The process involves planning meetings in which the clients, attorneys, the coach/facilitator, and other experts actively participate. The process is one that emphasizes cooperation, problem solving, and making decisions based on options generated during the process.
The parties, attorneys, and experts sign a collaborative law process agreement that requires, among other things:
- the attorneys withdraw from representation if either party seeks court intervention
- all documents prepared in connection with the collaborative process, such as correspondence and settlement proposals, are inadmissible in any future proceeding; and
- all mutually hired experts and their work product cannot be used in any subsequent proceedings, unless otherwise agreed.
No. 3
Negotiated Settlements
In certain cases, the parties and the attorneys agree that they will act cooperatively to reach an out of court settlement.
No. 4
Consulting Counsel
Parties involved in the mediation process (especially family law mediation in which attorneys are generally not present during the negotiations) should consider engaging consulting counsel.
As consulting counsel, we help clients understand their legal rights and prepare them to effectively advocate for themselves throughout the mediation process. In addition we review the settlement agreement that our clients reach in mediation to ensure that their interests are served.
“Susan was my attorney in a collaborative divorce. During this difficult time, she went above and beyond in supporting me and my family and I was represented better than I could have imagined. She clearly explained all of the issues, was always responsive and continues to be available for anything I need post divorce. Susan is an extremely effective advocate and I highly recommend her!”
“I would like to thank you for all your help during my mediation. You made this very difficult time in my life a lot easier.”
“I am a business owner and Susan was my attorney during my divorce. Her dual expertise and advocacy skills were invaluable!”
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