Cooperative Negotiations & Resolutions
Cooperation Can Lead to Success
9 out of 10 family law cases settle before going to trial. For that reason, engaging in settlement negotiations is worthwhile so long as those negotiations are in good faith and can reasonably be expected to result in a complete resolution.
Unlike traditional litigation–settlement negotiations take place outside of the procedural confines and timelines of the court system. On the one hand, this a positive feature since court procedures and timelines can often result in delays and costly litigation. On the other hand, the lack of procedural parameters and timelines can result in one of the parties “taking advantage” of the lack of formal rules and guidelines present in this option.
As a result, it is important that any individual choosing to engage in direct settlement negotiations with the other party, do so while being confident that all parties involved wish to cooperate with the necessary information exchange and resolve their case in a reasonable, cost efficient and timely manner.
Unlike traditional litigation–settlement negotiations take place outside of the procedural confines and timelines of the court system. On the one hand, this a positive feature since court procedures and timelines can often result in delays and costly litigation. On the other hand, the lack of procedural parameters and timelines can result in one of the parties “taking advantage” of the lack of formal rules and guidelines present in this option.
As a result, it is important that any individual choosing to engage in direct settlement negotiations with the other party, do so while being confident that all parties involved wish to cooperate with the necessary information exchange and resolve their case in a reasonable, cost efficient and timely manner.
"9 out of 10 family law cases settle before going to trial."
Fernanda Pedroso, Esq.
Family Law Attorney
Our goal is to provide our clients with the legal advice necessary to help them achieve a resolution in the way best suited to them and their family. Therefore, if cooperative direct settlement negotiations are the ideal option for your circumstances, we can provide representation in these negotiations and assist in reaching legally binding agreements that are then ready to be filed and become ratified court orders.
WHAT TYPES OF CASES CAN BE NEGOTIATED AND RESOLVED COOPERATIVELY?
Dissolution of Marriage
(with or without children)
If negotiations are in good faith, divorce settlement negotiations can take place outside of the procedural confines and timelines of the court.
Establishment of Paternity
If all parties involved wish to cooperate with the necessary information exchange, their paternity case can be resolved in a reasonable, cost efficient and timely manner.
Modifications of Original Agreement
Life circumstances, such as job loss or remarriage, can lead to the need for a modification of alimony, child support, timesharing and/or parenting plans, which can be resolved out of court.
Prenuptials & Postnuptials
While best suited for the collaborative process, amicable discussions and the drafting of a mutually beneficial document can be achieved cooperatively between couples.