Category: Alternative Dispute Resolution

Divorce in Focus: Interests Over Positions

Consider for a moment why you want something, not just what it is you want. There’s a difference. We often take positions asking for what we want without divulging the why. It’s an argumentative tactic we learn even at a young age to ensure an outcome in our favor. Yet understanding the distinction between what and why can lead to a faster, or easier, settlement when it comes to divorce […]

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Mediation or Collaborative Law?

Mediation and collaborative law are two types of alternative dispute resolution processes with a highly important similarity — the goal of amicable resolution. The mediation process commences with the parties involved hiring a mediator to assist them in reaching their goal of settlement. The mediator does not represent either party. The parties each have their respective counsel should he or she choose to be represented. The mediator commonly advises the […]

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Is Collaborative Law the Process for You?

Making the decision to divorce does not always equate to a battle in court. Trained collaborative law attorneys can review alternative dispute resolution options with you other than the traditional litigation route. In the past few years, the collaborative process has grown due in part to some very positive aspects of collaborative law, which may be a favorable option for you. The collaborative process is a conscious choice to agree […]

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I Quit: Why Leaving the Collaborative Law Process Is Difficult (By Design)

Throughout the divorce litigation process, clients will ask their attorneys what the chances of success are on a particular motion or position for an upcoming hearing. Without a crystal ball, it is extremely difficult for practitioners to tell clients what will happen, so practitioners are left relying on experience – and anecdotal evidence — to estimate what may happen.  Every practitioner, however, after saying “you have a 50-50 shot at […]

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What Is Binding Arbitration?

January 12, 2018 | Alternative Dispute Resolution, Divorce, Legal Perspective

Icon for author Heather Trostle Smith Heather Trostle Smith

Binding arbitration may sound very scary to someone looking for an alternative way to resolve his or her divorce. (And, that’s on top of the already scary situation of the divorce itself.)  However, if you know what you are getting into by agreeing to arbitration, the process can have many positives over and above the more traditional process of litigating through the court system. In a binding arbitration, the parties […]

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Pittsburgh Family Law Attorneys Celebrate 2017 Conflict Resolution Day

Pittsburgh family law attorneys from our firm were on hand to commemorate Conflict Resolution Day 2017 on Oct. 19. The cocktail reception and awards presentation, held in downtown Pittsburgh at the Allegheny County Family Division Court Building, celebrated the 20th anniversary of the Allegheny County’s Generations Program and the 35th anniversary of The Mediation Council of Western PA. Conflict Resolution Day was created by the Association for Conflict Resolution in 2005 to: […]

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