Creative Alternatives to the Courtroom

Couple and Family Services: Working together, reaching agreement.

Whether dealing with couples who are in dispute, separated or divorcing, or with family members in conflict over assets, Bob Bordett encourages his clients to brainstorm creative solutions to their differences. This results in greater ownership of the solution by everyone involved, and a greater chance for its success.

Along the way, Bob will provide one or more professional services including financial discovery (documentation/division of income, expenses, assets and debts); organization of finances; budget development; analysis of earning power; identification of personal vs. marital property; creation of alimony and child support models; evaluation of wills, estates, endowments and bequests, etc. Equally important, Bob presents the tax consequences of any decisions his clients may make – consequences they may not know about.

Couples and families have their choice of four settlement methods, based on what will work best for them. A brief summary of each is shown below.

Mediation

As a mediator, Bob enables couples or family members to talk with each other openly, directly and even informally, guiding them to agreement on their financial issues. When mediation is court-ordered, he may also caucus (meet) with each party separately as he continues to negotiate matters between them. At the end of the mediation process, Bob drafts a “memorandum of understanding” summarizing the agreement.

Integrated Mediation

Imagine a way to divorce that enables you to work with your spouse in an environment of mutual respect and fairness, negotiate face-to-face and protect your ability and priority to co-parent your children. All on a time frame significantly less than what you’d encounter with litigation.

Those benefits – benefits you typically wouldn’t experience in traditional courtroom proceedings – are what you’ll discover when you choose Integrated Mediation.

Bob helps you and your spouse explore ways to divide marital assets, minimize tax consequences and determine levels of child and spousal support. The Parenting Plan Mediator helps you effectively communicate with your spouse, manage your emotions and develop a “child-centered” co-parenting plan to begin following your divorce. The team then presents its recommendations to your respective attorneys, who work together to craft an agreement. The result? Couples who reach a mediated agreement are more likely to comply with its terms.

In addition, Integrated Mediation:

  • Has the potential for faster resolution and significantly lower overall costs
  • Can provide a framework to resolve issues that may arise following the divorce (adjustments to child support, parenting time, visitation schedules, etc.)
  • Includes a memo of understanding for the couple
  • Is conducted privately*

Arbitration

Arbitration is a more structured process. As an arbitrator, Bob serves as a neutral third party, hearing testimony from those involved, their attorneys and others, and issues a binding or non-binding decision. Or he may serve as a financial expert, submitting his findings and recommendations to an appointed arbitrator.

Collaborative

In a collaborative financial negotiation, Bob assists the couple or family members who are represented by their respective attorneys. Following a financial analysis of all disclosed information, he provides comprehensive recommendations that will help the attorneys work together and guide their clients to a mutual agreement.

* Please note: certain aspects of the settlement do become public record. However, we make every effort to protect the confidentiality of as much information as possible. If litigation appears inevitable, we refer couples to traditional divorce attorneys.