NO COURT SOLUTIONS. WE PROVIDE COLLABORATIVE PRACTICE SOLUTIONS AND MEDIATION SERVICES TO HELP OIUR CLIENTS ACHIEVE CONFLICT REOSLUTION WHILE AVOIDING COURT. WE PROVIDE A FULL SPECTRUM OF ESTATE PLANNING SERVICES FOR FAMILIES WHO WISH TO AVOID PROBATE COURT. Collaborative Divorce is a No Court Divorce. Collaborative Divorce is part of Collaborative Practice. Use a Collaborative Attorney for your Collaborative Dispute Resolution. Collaborative Divorce - Resolving Disputes Respectfully!
No Court Solutions By: Brian Don Levy, Esq.
We offer a variety of No Court Solutions as an alternative to the high cost and unpredictability of litigation. Collaborative Practice is a new way of handling all aspects of estate planning, civil disputes and family law issues including divorces, child custody, division of assets and debts Pre-Marital Agreements, Post-Marital Agreements, general business disputes and all other civil law conflicts. It is a method whereby the attorneys for the parties to a family law or business dispute agree to assist in resolving conflict using cooperation and goal based problem-solving strategies rather than adversarial approaches and litigation. Negotiations between the parties and their attorneys are interest-based rather than positional. In other words, each party's interests, values and goals are considered when co-creating an agreement rather than only sticking to one party's position and not varying from that position. Collaborative Practice differs from traditional litigation in that each party and his or her lawyer sign a Collaborative Agreement up front, which outlines their commitment to their behavior throughout the entire process. In this document, the parties agree not to litigate and agree to negotiate in good faith. No court proceedings are permitted during the pendency of the collaborative law process. If the negotiations break down and one party decides to go to court, both attorneys must withdraw and the clients must hire new attorneys. By agreeing to this condition, the collaborative lawyer shares the risk of failure that attorneys in litigation or mediation do not. The collaborative lawyer and or collaborative team becomes responsible, therefore, for managing an unreasonable client and limiting unreasonable positions in order to achieve a successful outcome. The attorneys agree to withdraw if the client fails to honor the Collaborative Agreement. Also, most experts are retained jointly as neutrals within the collaborative process. This prevents both parties from having a 'hired gun' who will automatically side with the party who is paying the fee for that expert. Negotiations are handled on an informal level, with each party attending a series of structured meetings in which both sides and the attorneys sit down at a table and discuss the options for resolution of their dispute. One major difference between collaborative practice and other approaches is that the clients themselves craft the terms of their settlement and the final outcome rather than having an outside third party decide the outcome for them. This process only works when both parties agree to use it.
For our estate planning clients, we offer the essential and complete estate planning tools and documents necessary to assure that their families will not have to go through costly and prolonged probate court. In California, the costs associated with a probate consisting of one house valued at $200,000 may exceed $10,000. A complete and thorough basic estate plan which is intended to avoid probate and create an orderly distribution of assets upon death can cost between $1,500 - $2,500 for most families. Proper estate planning can also spare the threat of Medi-Cal Recapture under changes in California law effective in 2017.
Our office is committed to helping clients seek out of court resolutions whether family law court, civil court or probate court. The collaborative professionals we work with are legal professionals, financial professionals and mental health professions. We believe that we offer much better alternatives to litigation that more appropriately provide for our client's wellbeing. We are acutely aware of not only the legal aspects of your matter, but also the financial, emotional, and spiritual aspects as well.
Benefits of No Court Solutions:
* Saves time and money
* Less destructive
* Client is informed and in charge * Avoids court
* Avoids uncertainty * Client participation and empowerment
* Focus on the well-being of you and your family * Creative and flexible solutions to fit your needs * Emotional agendas are processed compassionately * Allows dispute resolution with dignity
Spectrum of Services Include:
* Mediation * Collaborative Practice * Negotiation & Settlement * Case Management * Arbitration * Full spectrum of Estate Planning * Paralegal Document Preparation
Our office offers better alternatives to litigation that more appropriately provide for your needs. Our staff is aware of not only the legal aspects of your civil/family law dispute or estate planing needs, but also the financial, emotional, and spiritual aspects as well.