Category Archives: Alternative Dispute Resolution

How Is Collaborative Divorce Different Than Mediation?

In my 17 years of practice I have helped many clients with their Oregon divorces. One of the best developments I have seen is the growth of collaborative divorce, and the increased use of mediation to resolve disputes.  I have … Continue reading

Posted in Alternative Dispute Resolution, Collaborative Divorce, Collaborative Law, Mediation | 2 Comments

Cost Savings Through Collaborative Divorce

Some practicioners try to sell the Collaborative Process as a cheaper alternative to traditional divorce.  I think that this is unfair to clients and incorrect.  It is absolutely correct that the collaborative process will be cheaper than going to trial … Continue reading

Posted in Alternative Dispute Resolution, Collaborative Law | 3 Comments

Breakdown of the Collaborative Process

As an attorney who practices both Collaborative Divorce and traditional litigation I experience both the cause and the effect of the breakdown of the collaborative process. The main reasons that I see for the breakdown of the process is as … Continue reading

Posted in Alternative Dispute Resolution, Collaborative Law | 1 Comment

Why Running To Court And Refusing Divorce Mediation Is A Bad Idea

Sometimes negative examples drive home the benefits of collaborative practice the most. At Stephens & Margolin LLP we help clients with both traditional litigation cases and collaborative cases.  As an Oregon lawyer practicing only family law, I frequently borrow from my … Continue reading

Posted in Alternative Dispute Resolution, Collaborative Law | Tagged | 1 Comment

Interest Based Negotiation

A large difference between traditional litigation negotiation and negotiation in the collaborative process is the positional bargaining is used in traditional litigation while interest based negotiation in used in the collaborative process.  It is important to have an attorney skilled … Continue reading

Posted in Alternative Dispute Resolution, Collaborative Law, Mediation | Tagged | 1 Comment