Over the past 10 years, Collaboration & Mediation in law practices have gained a substantial amount of traction. Collaboration & Mediation are regularly touted as processes in which people work together to find better solutions with less cost and more finality regarding their separation or divorce, as well as a process in which everyone walks away happy. Unfortunately, that may not always be the case. At Milstein Siegel, we strive to provide our clients with the best possible guidance regarding their case to help put their minds at ease.
Collaboration & Mediation helps both parties achieve greater flexibility, control and independence in reaching agreements and can preserve relationships to be amicable instead of turning into resentment. Our clients have enjoyed the many benefits of Collaboration & Mediation, including expedited timetables for resolving disputes and better confidentiality, as these disputes are not held in courts.
Effective Collaborative Law and Mediation
Effective collaborative law involves creating a team of attorneys to help you resolve your case. Common collaborative law attorney teams could include:
- Attorneys for both parents
- One or more attorneys for the children
- A parenting expert
- A financial expert
- A business valuation expert
- A real estate expert
Collaborative law cases can cost a great deal of money and are often far more expensive than the average divorce. Collaborative attorneys often try to convince couples to take money out of home equity lines of credit, retirement loans, and other sources to afford the staggering cost of this style of divorce. Perhaps the most troubling aspect of collaborative law is that after couples spend all of their money to invest in the “team” approach if the case does not resolve, then:
- Each and every member of the collaborative “team” is required to withdraw and no longer represent either party.
- Each spouse must hire new and separate attorneys, experts, consultants, and so forth, at a staggering cost.
Professional Collaborative Law & Mediation Practices
Highly experienced divorce attorneys, such as the professionals at Milstein Siegel, practice collaboratively each and every day, by working with opposing counsel and all appropriate consultants and experts to try to successfully resolve your family law case. But we will not abandon you if this style of resolution fails. We are there guiding you each and every step forward.
Finally, there is one last lurking danger to the formal collaborative process, which is that it presumes and relies upon the presumption that everyone is always honest and truthful, and fully discloses all necessary information. However, there is no real verification to this process, which is absolutely unacceptable. If you have initially read about all of the potential positives of collaborative law, do your due diligence and dig deeper before you sign onto what could be a shortcut leading to a huge financial mistake.
Experienced Family Law Mediation
Serving as a mediator is gratifying for our principal attorney, Harry B. Siegel. A successful mediation will usually save both parties thousands of dollars in legal fees in addition to preventing any further deterioration of the relationship between the parties. Mediation allows you to resolve your matter in a manner best for you and your family. This concept becomes even more important when children are involved since parents who litigate usually find it difficult, if not impossible, to communicate after the litigation.
Benefits Of Mediation
Mediation is crucial to keeping the peace and ensuring that matters are settled for both parties in a timely manner. Choosing mediation is a great way to ensure that the decisions you make hold up over time and if a later dispute comes up, both parties are more likely to be cooperative with one another to resolve the dispute rather than pursue an adversarial approach.
Mediation Offers A Realistic Compromise
As an actively practicing family law attorney in Howard County, Mr. Siegel is able to engage in “reality testing” to enhance the mediation process. In essence, this allows both parties to get an idea of what may happen if the case is decided by a judge or master, thus giving you a better idea of whether a mediated resolution which may be “on the table” is worth considering.
Avoidance Of Costly Legal Fees
All of the attorneys in the office are capable of serving as mediators and all have actively mediated cases as attorneys for our clients. Mr. Siegel’s hourly rate as a mediator is $300 per hour. In Maryland, this cost is usually split evenly by the parties, but that is subject to the agreement of the parties. Payment is due at the conclusion of the mediation.
Impartial Mediator
Parties are welcome to come to mediation with or without an attorney. However, if you already have an attorney, you are encouraged to discuss mediation in-depth with your attorney before the process begins. When an attorney from Milstein Siegel acts as a mediator, we do not act as an attorney for either party and we do not give legal advice. The only legal advice upon which a participant in mediation should rely is that of their own, independent attorney.
Speak To An Experienced Family Law Attorney Today
If you are considering filing for divorce or separation in Howard County and may need collaboration or mediation, contact us at Milstein Siegel. We have the knowledge and expertise to help you pursue your goals and proceed in the right direction. You only need to take the first step. Contact our law firm in Ellicott City, Maryland, or call (410) 792-2300 or request a consultation online to schedule your free initial consultation with an experienced family law attorney.
