Wilson Family Law Methods

Collaborative Practice

In Collaborative Practice, the parties hire a small team of professionals to help them through the divorce. Each party first hires a settlement attorney. These attorneys’ sole focus is on helping the clients negotiate a resolution, while still advocating for each client’s legal rights and interests. The Attorneys recommend one Financial Neutral and a Facilitator. The Financial Neutral assists with asset and debt distribution, and negotiating cash-flow issues like alimony and child support. The Facilitator is a trained mental health professional, who acts as a coach to guide the parties through the emotional roadblocks that arise in a divorce. The discovery process is still used to gather necessary information, but the parties and the professionals meet together to discuss possibilities and to negotiate outcomes. If an agreement is reached, the parties sign an agreement that resolves all matters.  If no agreement can be reached, then the parties can still pursue traditional litigation and a trial. Learn more about Collaborative Practice.

Mediation

Mediation is an informal brainstorming and problem-solving process that parties can engage in either with or without attorneys, aided by the mediator, who is a neutral facilitator, skilled in conflict resolution. Mediation is Voluntary, and can be stopped at any time.  It is also Confidential – All mediation communications are confidential except where disclosure is required or permitted by law. Parties in mediation may be in the same room if they wish, or can meet separately in private Caucus, while the mediator acts as a go-between. The mediator helps the parties discuss all of the issues that must be addressed. Where the parties reach agreements, the mediator helps write it into a Settlement Agreement for the parties to sign. If the parties reach no agreement, then they continue on the path of traditional litigation.  For a partial agreement, the Judge resolves the remaining issues.  For a complete agreement no trial is necessary, and the legal action can be resolved very quickly. Mediation is very successful in Brevard County – 70% of family law matters in Brevard reach an agreement at mediation, which can save valuable time, money, and emotional energy. Mediation is an opportunity to choose a sure and certain outcome that you know you can live with, rather than risk a Court outcome that you feel that you cannot live with. Learn more about Mediation.

Traditional Litigation

In traditional litigation, Pleadings (documents) are filed with the Court to start the legal action. The parties exchange and obtain information in the Discovery process. Next the parties attend Mediation where they negotiate with the help of their attorneys and the neutral mediator. If mediation is successful, the parties both sign an agreement, which is approved by the Court, and the case closes. If mediation is unsuccessful, either party may appear in Court to request Temporary Relief while the legal action is proceeding to address any urgent issues. The parties continue to Negotiate to resolve matters. If an agreement cannot be reached, there will be a Trial in the courthouse in front of the Judge, who will decide any unresolved issues. Learn more about Litigation.