Archive for January, 2015

Most Divorce Cases Settle without a Trial: Why not commit to settlement from the start?

Saturday, January 10th, 2015

Most divorce cases settle out of court, admittedly sometimes in the 11th hour, but often before.  In most cases the norm is settlement, either through some type of mediation, or lawyer-negotiated settlement, or the Collaborative Process.

 

Despite settlement being the norm, the various non-litigation paths are called Alternative Dispute Resolution methods.  Perhaps someday litigation will be viewed as the “alternative,” to be used only when unavoidable, if lawyers place added importance on their role as counselors.

 

Most clients dread the thought of court. Most clients do not want to be cross examined.  They do not wish to let a stranger make important family decisions for them regarding their money and their children. Most clients want to maintain their privacy and dignity. Most parents care deeply about their children, whether young or grown.

 

Litigating clients are often disappointed to find out that no one really wins or loses in family law cases; that the court, out of a policy of fairness, imposes a compromise on the parties, unless the parties settle. What if lawyers were to take the courtroom out of the equation and make a professional commitment to settlement? This is the lynchpin of Collaborative Law.

Lisa Forberg, Esq.

Lisa Forberg, Esq.

Attorney Lisa Forberg is a collaborative divorce lawyer with Forberg Law in Manchester, N.H. www.forberg-law.com