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Hello, has anyone used a process called Collaborative divorce recently? Am interested in your recommendations for a group providing this service, how it went, and about how much it cost. Berkeley or Oakland would be ideal. Considering divorce, have children
Collaborative law is a really good process compared with litigation because it's less expensive and less likely to blow up. But, at least in my opinion, from what I've learned, it's not nearly as good of an option as mediation. In collaborative law, at the very least, you have two attorneys who are working to help you. They will likely spend at least 40 hours each on your case. Considering that collaborative attorneys in the bay area charge over $400 per hour on average, you're looking at a $16,000 charge for each attorney. So, over $30,000. And that's if everything goes pretty well. Also, in collaborative divorces, often financial experts are brought in and therapists. So, maybe you're looking at a $40,000 divorce. Wow!
Mediation, I understand, usually takes far fewer hours. The average is around 25 hours (including all filings, writing of agreemnts, etc). It's fewer hours than collaborative law because a lot of time in collaborative law is spent by the attorneys making sure they are on the same page as each other, reviewing each other's work, etc. And mediators who are attorneys usually bill less per hour for some reason, around $325 per hour. So, maybe your looking at $7,500 for mediation vs $40,000 for collaborative law. We didn't have the money to spend like that. (My divorce through mediation cost $5,200, still a lot but i'd say worth it).
Also, I think you end up with a better result in mediation. You don't have the chance of the collaborative attorneys (who are basically all litigators and trained to be agressive) setting each other off. You see, in collaborative law, not only do you have to get along with your spouse but the attorneys have to get along. That's tough. And I've heard that the attorneys often have such different styles (like should they use the law or just try to figure out what's best for their clients) that a lot of time and miscommunication is spent just figuring out how to approach the case.
Anyway, having said all that, my neighbor says she had an excellent experience in collaborative law. It cost her around $35,000 (including all the costs of both attorneys, etc). She used Jennifer Jackson (415-392-1110)in San Francisco. She said great things about her. She also said that Larry ROsen in Oakland(415-235-8968, don't know is east bay number) is very good and works well with Ms. Jackson. Remember, you have to find two attorneys that work well together, and even better, really like each other. I personally also heard good things about David Funk (funny name) in SF. Don't know his number.
Good luck. B
I am looking for recommendations for a custody mediator. Our case is comlicated as far as custody and finances, with both parents disagreeing about almost every aspect of parenting, so we need someone who is very directive, who can be more then a good listener, but who also can take charge and help iron out agreements efficiently and effectively, if possible. thank you for any advice and/or recommendations. anon
My wife and I want an amicable divorce. We have 2 school-age children (we are sharing custody) and a house that we co-own that she cotinues to live in. We have just begun to see mediator Judith Joshel, and are both seeking outside legal consultation, especially to settle financial issues, which we are quite far apart on right now. Question 1: Any feedback/experience with Judith Joshel? Question 2: Recommendations for a divorce lawyer (for me) who knows her/his stuff inside and out but won't urge me to go for the jugular or make me feel like a jerk if I don't go for all I am legally entitled to? R
Re: Peaceful way to Divorce??
There is a relatively new and branch of family law called
Collaborative Family Law. It sounds like it can work for a
divorce in which the 2 parties are fairly amicable, but are
having some trouble communicating. My understanding of it is
that each person has an attorney, but both parties agree that
they will not enter into litigation. If they can find no
resolution and do feel the need to litigate, both attorneys MUST
step down. This provides the CFL attorneys incentive to help the
parties come up with creative alternatives and better
communication. I know about it only because my father has
entered into this type of work after retiring as a law school
professor. He is in Southern California however. I'm sure there
must be lawyers up here in the Bay Area who are engaged in this
type of work. You might just try doing an internet search
for ''collaborative law''. If that doesn't come up with anything
useful there is a website he gave me which is
www.santabarbaracollaboritivelaw.com
Lise
Last updated: Sep 6, 2009
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