For some clients, mediation is too intimidating and they want a lawyer representing them, but they don’t necessarily want to wage a battle in court. Even when the other party has hired an attorney and served divorce papers, a negotiated settlement may still be possible. In this instance, we will contact the other party, or their attorney if they have one, to attempt to resolve the differences in a more amicable, civil fashion. Typically, the parties and their attorneys meet to try to identify what can be agreed upon and what needs to be worked out.
Recently, due to COVID-19, negotiations are being done virtually. They then attempt to fashion a settlement of the differences that both parties find acceptable. An agreement will be negotiated and drafted and then filed with the court along with any other documents required at the time. While not every case will settle, parties who negotiate a settlement are able to make decisions regarding their lives and the lives of their family with an understanding of their particular circumstances, instead of having a judge make these decisions with limited insight into the family’s needs.