Mediation, Negotiation, Litigation

Alternative approaches

Collaborative practice is not suitable for all cases. Perhaps feelings run too high; the parties are too far apart on big issues; or one party simply is not interested in engaging in the process.

Mediation is another alternative. A neutral mediator works with both parties to facilitate communications; identify their needs and interests; and then craft an agreement that best meets their goals. A couple can choose to go to mediation to resolve all or just some of their issues. In some cases, a court will require a couple to try mediation before allowing a divorce to go to trial. Andrea E. Hirsch has extensive experience in mediation and can help parties fashion a satisfying resolution.

In some divorce cases, litigation or the threat of litigation cannot be avoided. Sometimes it is necessary to initiate litigation to compel an uncooperative partner to proceed with a divorce or to resolve intractable issues.

Actually proceeding to trial can involve a long and often painful series of steps- document discovery, depositions, postponements and a day in court that creates stress for both parties. It also requires a massive amount of preparation. Ms. Hirsch has extensive trial experience and is ready when warranted to go to court and advocate for her client if there seems to be no other way to get a desirable settlement.

There are many extraneous factors involved in a trial that are beyond the control of the client or counsel—the selection of the judge, the particular legal philosophy of that judge, or the timing of court proceedings. Even if you prevail in most of your claims, there are often details or results that are unsatisfactory and which can lead to further prolonged proceedings. That said, Ms. Hirsch has an overwhelmingly positive record in delivering for her clients in original judgments and on appeal.