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TRADITIONAL REPRESENTATION TO SELECT INDIVIDUALS:  If your case warrants litigation or a litigation-based model, the attorneys of Kaplan | Wanger LLP are prepared to work with select individuals for traditional litigation-based representation.  While litigation provides access to the court when required to deal with disputed issues, even with this model, it can be useful to engage in settlement conferences and other methods to promote an efficient means to resolve cases.  Contact us to discuss the options for traditional representation.


MEDIATION:  Mediation helps separating and divorcing couples, or couples with financial or child custody issues, reach mutual decisions without court intervention, with the assistance of a neutral professional third party “mediator.”  Mediation is confidential, meaning that any discussions between the parties during the mediation sessions or proposed agreements discussed in mediation cannot then be repeated outside of mediation or used against a party if a resolution is not reached.  Mediation can be done solely with one neutral professional third party mediator, or with highly qualified professionals of other disciplines, such as mental health professionals and/or accountants, if doing so would facilitate reaching agreements in the mediation process, often referred to as "co-mediation."  Kaplan | Wanger LLP employs a mediation technique referred to as the “Understanding-Based Model” created by Gary Friedman and Jack Himmelstein which premise is that “the people ultimately in the best position to determine the wisest solution to a dispute are those who created and are living the problem.”  The role of the mediator is to “support in helping them find a productive and constructive way to work together, to understand their conflict and the possibilities for resolving it, and to reach resolution.”[1] 


COLLABORATIVE LAW:  Handling a divorce or other family law matter through Collaborative Law is an excellent option, and allows for greater flexibility through creative solutions which may not be options in a litigated matter. Collaborative Law is a non-adversarial method of resolving family law cases in a cost efficient and time efficient manner, in an attempt to reduce acrimony and conflict.  Collaborative Law utilizes settlement conferences, with an interdisciplinary team of professionals specifically designed to meet the needs of your case.  Meetings and communications during the Collaborative Law process are privileged and confidential.  Contact our office if you are interested in learning about whether Collaborative Law might be suitable for your case.  


CONSULTATION:  Consulation services are available for various situations.  Some clients seek a consulting attorney if they are involved in mediation, in order to obtain legal advice on the issues being negotiated in the mediation sessions. Others seek to obtain advice prior to filing for a marital dissolution, or regarding potential child custody issues. Many other situations may also be appropriate for consultation.  Contact our offices to discuss your particular needs.


LIMITED SCOPE REPRESENTATION:  This is yet another option available for those clients who are interested in having an attorney on selected issues rather than their entire case.  This is also sometimes referred to as "unbundled" legal services. 


PRENUPTIAL AND POST-NUPTIAL AGREEMENTS:  A Prenuptial Agreement is a contract between prospective spouses made in contemplation of marriage, which defines the rights and obligations of each spouse on issues such as property, debts, spousal support, as well as other issues.  While all involved hope that Prenuptial Agreements will be tucked away, never to be used again, Prenuptial Agreements can save both spouses heartache, time, and money as these agreements define the issues in the event of a divorce.  Many people assume that Prenuptial Agreements are only for those couples who are older in second marriages, or where one party has family separate property assets, but there are many unique circumstances which warrant considering the option of a Prenuptial Agreement.  Post-nuptial Agreements are used for unique circumstances.  Contact our office to discuss whether these might be options you wish to consider.


[1] “Challenging Conflict, Mediation Through Understanding” by Gary Friedman and Jack Himmelstein, American Bar Association 2008, Pages xxvii-xxviii. 

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