This is the best and least expensive way for parties to resolve disputes.  You can consult with an attorney behind the scenes to provide legal advice and coaching to assist you in the negotiations with the other parties.  Be aware that not all attorneys are willing to work with clients in this fashion.

Method 2:  Mediation

Mediation is a process where a neutral third party listens to both sides of the dispute and helps the parties reach resolution that is acceptable to both parties.

Most counties have a state-funded Dispute Resolution Center which provides inexpensive mediation services to parties involved in disputes.  Attorneys are not permitted at attend these mediation sessions, but an attorney can work with a client behind the scene to provide legal advice and coaching on the mediation process and ways to present the client’s position.

Alternatively, parties can work with a private mediator.  Mediation with a private mediator is recommended for more complex issues or matters involving specialized areas of the law.  Attorneys can attend the mediation sessions with their clients or the parties can participate in mediation without attorneys.

Method 3:  Collaborative Law

In this method, each party is represented by a Collaborative Law attorney.  Collaborative Law attorneys are trained in interest-based negotiations. In Collaborative Law, the parties contractually agree to resolve the matter without going to court other than to obtain court-required signatures on agreed documents.  The attorneys work collaboratively with each other and the clients to provide legal advice and resolve the dispute through open discovery and without court intervention.  More information on the process is available on our Collaborative Law Page.

Method 4:  Negotiated Settlement

In this situation, both parties are represented by an attorney.  Each attorney provides legal advice to his or her own client, and the attorneys negotiate a settlement on behalf of the client without the client being directly involved in the negotiation.  The client must approve all negotiated settlements.

Method 5:  Arbitration

In arbitration the parties agree to resolve their dispute by bringing it to a neutral third party, or arbitrator.  The parties agree to be bound by the decision of the arbitrator.  At an arbitration hearing, the parties may present evidence and witnesses supporting their positions in a style similar to a trial, but in a more relaxed atmosphere and with more relaxed rules of evidence.  An arbitrator skilled in the issues should always be selected.  Arbitration is typically a less expensive option than litigation.

Method 6:  Litigation

Through the litigation process, the parties submit their dispute to the court through a series of court filings and hearings culminating in a trial where the judge or jury makes the decision.  This is the most expensive and time-consuming method for resolving disputes, and it is the method least likely to achieve a satisfactory result.  Cases are almost always better settled than tried, but sometimes litigation is the only option.

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Our firm has worked successfully with clients using all of these methods of dispute resolution.  By sifting through the facts and law of your case, we will help you to understand the strength of your position and evaluate which dispute resolution method will be best for you.  You can then make an informed decision about how to proceed.  If you would like more information about dispute resolution options for your situation, please contact our office.

Holism is the view that an integrated whole has a reality independent of and greater than the sum of its parts.  Holistic lawyers understand that law provides the form and structure for society.  We also recognize that laws made in one area impact and influence other areas of law and life, and that external factors influence law and our clients’ lives and businesses.  That’s the theoretical view. 

In practice, holistic attorneys look beyond the narrow legal issue a client brings to us to see what else is going on.  Sure, we look at the obvious peripheral issues such as taxes and finances.  But we aren’t afraid to dig deeper when it appears there’s more going on.  Are there emotional or health issues?  Is there fear of moving forward?  A midlife crisis?  Overwhelm?  Lack of expertise or capital?  Lack of support at home?  You get the idea.  Once we understand what’s really going on, we can better advise our clients.   For example, perhaps a client wants a partnership agreement for a business venture.  Some lawyers will merely take the information from the client, draw up the agreement and be done with it.  In contrast, a holistic lawyer will take the time to understand what the client wants to accomplish.  Maybe a partnership isn’t the best option or maybe there are red flags that taking on this particular partner would not be a good choice.  We help our clients step back to see the big picture and their motivations so they can fully evaluate their options before proceeding.  A holistic attorney might recommend the client consult with a business consultant or coach, accountant, planner or other person if it appears there are peripheral issues that need to be explored before moving forward.  Doing so can save our clients time and money in the long run and perhaps avoid a costly mistake. 

Holistic attorneys know the decisions our clients make impact their lives and the lives of others.  We encourage and support our clients in taking the high road wherever possible.  For example, the decisions a client with children makes when going through a divorce will impact that family unit.  Choosing to let go and move on produces growth, healing and an opportunity to co-parent with a former spouse, while engaging in blame, vengeance or victimhood produces quite different results.  Similarly, the decisions made by a client who wants to construct a new building for her business will impact her customers, employees and loved ones as well as the environment and the local economy.  As holistic lawyers, we help our clients identify how their choices will impact their lives, the lives of others, and society as a whole.  In this way, our clients comprehend the consequences of their choices before they make them and thus choose consciously after weighing the pros and cons of all possibilities. 

Most importantly, holistic lawyers understand the strength, power and wisdom that come from aligning the head (lineal thinking) with the heart (intuition).  As guardians of the law, we have chosen to use law for healing, growth and service.

We invite you to take a look around and familiarize yourself with our practice and services. We hope you find the site useful and informative.

Should you have any questions or comments, please do not hesitate to contact us.