The office protocol in most divorces cases encourages the parties and opposing counsel to exchange a comprehensive property settlement agreement so as to significantly narrow the issues in the dispute.
After we have negotiated with the parties, if there are other issues which cannot be resolved by negotiation the option is to file for court intervention or to utilize a form of mediation.
We have chosen not to file for court intervention in an attempt to have these matters resolved by negotiation, so instead we have created a third party mediation protocol. Attorneys for the parties and the clients explore retaining an experienced matrimonial attorney to mediate the issues in dispute so as to avoid having counsel and the parties appear before a matrimonial referee. This allows conferences to be scheduled at a mutually agreeable time and date rather than having the court set a time and date which often conflicts with work schedules.
It has been our experience that by utilizing this "mediated" protocol, neither the parties or counsel will ever have to appear in court and the divorce can be finalized, which in many cases, provides a significant reduction in stress to the parties, as well as legal fees.
To learn more, call Peter J. Fiorella, Jr & Associates at (716) 882-3333
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