ALTERNATIVES

Choosing a Path: Process Choice in Family Law Cases

When should you try to negotiate, or mediate… or litigate? Here’s what the various approaches to divorce can look like.

DISCUSSION

  • PROCESS:  Direct, but unassisted talks
  • COST: Free — or whatever ordering two Starbucks creations costs this month
  • TIME: Undetermined
  • BENEFITS: Direct, free discussions between the two people who should be making the decisions
  • DRAWBACKS: No referee is present during discussions, or professional input as to agenda or options

MEDIATION

  • PROCESS:  Direct, but assisted talks
  • COST: $100-600 per hour; depending on whether attorneys participate TOTAL COST: $1,000 to $5,000
  • TIME: From 10 hours to 12 weeks
  • BENEFITS: Guided discussions, with input regarding solutions other couples have used; the neutral host can temper the tone of the talks, if needed
  • DRAWBACKS: No power to subpoena documents, cross-examine or force responses to questions; people must be able to speak out for themselves

ATTORNEY NEGOTIATION

  • PROCESS:  Attorney dialogue, with exchanges of information, but no formal discovery
  • COST: $175-275 per hour for each attorney; TOTAL COST, perhaps $5,000 to $10,000 EACH
  • TIME: From 3 to 9 months
  • BENEFITS: Professional guidance and representation are used throughout the negotiations
  • DRAWBACKS: Process is indirect, and frequently invisible to the parties; personalities of the attorneys may become a factor. Costs are harder to control

LITIGATED SETTLEMENT

  • PROCESS:  Formal discovery, with settlement before trial
  • COST: $175-275 per hour for each attorney; TOTAL COST, perhaps $15,000 to $30,000 EACH
  • TIME: From 6 to 12 months
  • BENEFITS: Useful if facts need to be established, or financial information ferreted out
  • DRAWBACKS: Can be an expensive exercise in preparing for a trial that never occurs; the contest between attorneys frequently takes on a life of its own. Proceeding formally can be slow and costly

ADJUDICATION

  • PROCESS:  Formal discovery proceedings, followed by trial
  • COST: $175-275 per hour for each attorney; TOTAL COST, perhaps $25,000
    to $50,000 EACH …or more
  • TIME: From 6 to 24 months
  • BENEFITS: The laws of the State are applied to the family. If the spouses can’t agree, a Judge will impose a solution and provide closure
  • DRAWBACKS: The laws of the State are applied to the family, with no guarantee that your Judge’s interpretations of those laws will result in an acceptable outcome on any issue

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Contact Us:

Jennifer A. Ewers
Phone: (208) 882-9121
Fax: (208) 882-0134
Jennifer.Ewers@EwersLaw.com

Our Location:

609 S Washington,
Suite 206
Moscow, ID 83843

Jennifer A. Ewers, Attorney at Law