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Divorce: Only Two Options? Presentation by Trail Potter, Potter Law Firm 480-269-5293
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A Variety of Conflict Resolutions Kitchen Table Mediation Collaborative Law Practice Settlement Conference Trial
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Kitchen Table Document Prepper Pros: Least Expensive Can work for: No Kids Little Property Manageable Debts Cons: Lack of Legal Guidance Can result in unsatisfactory deal Serious Tax Errors No recourse for bad information
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Mediation ●Mediation using a trained/certified Mediator, with experience in family law. ●Mediator works on fixed rates for day or half-day sessions. ●Drafts Agreement Incident to Divorce. Pros: Less Expensive - controlled cost Properly Drafted Agreement Legal Guidance Keeps expectations grounded Cons: May not resolve child issues Court is ultimate authority Mediator is Neutral, not an advocate
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Collaborative Family Law Both Parties and Attorneys agree to Collaborative Divorce Pros: Each Party gets Legal Advice Interest Based Negotiations Shared cost of Expert(s) Faster resolution of Conflict Healthier Family after Divorce More likely to follow own deal Cons: If parties cannot come to agreement and insist on trial, they must hire New Attorneys. Shared Expert
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Court Ordered Settlement Conference Experts for Each Side ●Divorce Petition Filed and Answered ●Temporary Orders in place ●Discovery Complete ●Prepared for Trial Pros: Each Party gets Legal Advice Court is Actively Involved Nec with allegations of abuse Children may have own Atty Discovery Process for Complex Estates Cons: Approaching cost of Full Trial Expense of Competing Experts Adversarial Process
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Trial Less than 1 in 50 Divorces go to Trial! Pros: Court officials oversee entire process Court can deal with serious risk to children, addictions, abuse, and criminal activity Can involve Guardianship for children Cons: Trial costs begin at $20,000 per side, and quickly escalates Fate entirely in the hands of the Court “Losing” Party Less Likely to Follow Orders!
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Kitchen Table Mediation Collaborative Law Practice Settlement Conference Trial Control over Outcome Amount of Guidance
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● Your attorney should present all practical conflict resolution options. ● Not all conflicts are right for each resolution strategy. ● Divorce is NOT the end of the conflict; it’s the beginning of the rest of your Life Lawyer’s Duty to Clients:
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Trail Potter J.D. South Texas College of Law Texas Licensed Mediator (TX C.P.R.C 154.052) Potter Law Firm 480-269-5293 trailpotter@hotmail.com
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