It Doesn't Have To Be A Fight

The default system for resolving disputes in our society is to engage in a legal process, in which the parties are adversaries. The other side is, by definition, your enemy, and each side focuses on persuading or convincing the other side, and the judge, that their point of view is right and the other party's view is wrong. This kind of system presumes that there should be one winner and one loser.

Family disputes are rarely this black and white. More importantly, the main goal of the legal system is to resolve disputes in a consistent, predictable and final manner, but not necessarily in a way that one or both parties feels is "fair" or "equitable." The law is what you get when you go to court, but is not necessarily what is best for your family. In fact, there are many options that parties can utilize if they agree, even if the law does not permit a judge to order such a result.

Nonadversarial process focuses on problem-solving, and not on "winning" at the expense of the other party. In nonadversarial process, the problems that need to be solved are identified, options to solve these problems are generated collectively and the clients choose (with the help of professionals) which options work best for their family. A complete settlement is then crafted by "packaging" a set of options that is acceptable to both clients.

Even where a mutually cooperative approach is not appropriate, there are a lot of options to resolve a family law dispute that do not require going through a costly, time-consuming and stressful court fight. Most family law lawyers will encourage you to consider settlement before seeking out the assistance of family court.

Comprehensive Consensual Dispute Resolution Services

At Nachlis & Fink, we offer a number of consensual dispute resolution services, including:

  • Family Mediation: Mediation is a cooperative, voluntary dispute resolution process which uses the resources of a neutral person to facilitate communication between parties to assist them in reaching a mutually acceptable agreement.
  • Collaborative Process (Family Law): The Collaborative Process is a voluntary dispute resolution process designed to reach a mutually agreeable settlement without litigation. In the Collaborative Process, the client retains complete control over the settlement terms. The role of the professional team is to support the client in finding solutions that are realistic, well-informed and tailored to your family's needs.
  • Settlement Negotiations: Clients often construct their own settlement agreements without ever setting foot in a courtroom. Our attorneys can help you to reach an out-of-court settlement, outside of mediation or a formal Collaborative Process.

We Can Help You Evaluate Alternatives And Minimize Conflict

If you would like to speak with one of our attorneys about possible alternative ways to resolve your family law conflict without costly and time-consuming litigation, call our San Francisco office at 415-579-3149 or send us an email.