You determine the destination, we chart the course
Some family law disputes can only be resolved in a courtroom. Others, through settlement negotiations and mediation. Each case is unique, and you need an attorney with the flexibility, experience and knowledge to handle it all. Whatever approach your case requires, KLMPA is committed to meeting the specific needs and goals of our clients.
Traditional litigation starts with one party filing an action and typically ends with a trial or other formal hearing in a courtroom setting. When settlement is not an option, you need an aggressive, detail oriented, and experienced litigator to ask the right questions, gather the right evidence, strategically prepare, and confidently present a solid case in the courtroom. Ms. Mitchell has litigated a broad spectrum of family law disputes, including divorce, modifications and paternity actions, and has ample experience in the courtroom.
“Speak softly and carry a big stick.” -Theodore Roosevelt
Mediation is commonly used in family law cases, and in many districts, parties to a divorce or other family law dispute must attempt to resolve their differences through mediation before seeking resolution from the court. Mediation involves the use of a specially trained, neutral third party who assists the parties in negotiating and reaching a settlement. Mediators do not provide legal advice, but may offer creative options and solutions that facilitate a settlement. All negotiations conducted during a formal mediation remain confidential, regardless of whether or not a settlement is reached, and are conducted in an office dedicated to mediation, not a courtroom.
“Conflict is inevitable, but combat is optional.” -Max Lucade
Divorce is often portrayed as a highly confrontational courtroom battle that leaves both parties feeling emotionally and financially drained. It does not have to be that way. The Collaborative Method of Divorce offers an amicable alternative that focuses on cooperation, transparency and promotes common goals, with an emphasis on avoiding litigation and family strife. This method has been particularly effective in mitigating the emotional effects of divorce on children and preserving parental and family relationships.
Unlike traditional litigation, a Collaborative Divorce will only work through complete transparency, which requires the participants to enter into a specific collaborative participation agreement that outlines the rules of conduct, anticipated goals and parameters of the process. Violation of this agreement puts an end to the collaborative process and the divorce will transition into litigation. Settlement is accomplished through a number of means, including but not limited to individual settlement conferences dedicated to a specific aspect of the divorce. The use of experts, such as forensic accountants, real estate appraisers, and facilitators is encouraged to promote respectful, transparent, and fair negotiations and agreements.
Ms. Mitchell received her advanced training in the collaborative method of divorce in early 2013 through the Interdisciplinary Family Collaborative Practice Training.
“You will never reach your destination if you stop and throw stones at every dog that barks.”