Arnold Cribari offers three alternatives for clients involved in divorce, custody and visitation disputes and other family matters.

Choice 1: Mediation

Mediation is recommended when there is an approximately equal balance of power between the divorcing spouses who share common values. Both parties must be able to advocate for themselves on a relatively equal footing. In this approach, one attorney serves in a neutral capacity in mediating the two parties’ negotiations. The goal is to help the couple reach a meeting of the minds on all issues to avoid courtroom litigation, and make a settlement agreement acceptable to both parties. Once this meeting of the minds is reached, the mediator recommends that each party have the proposed settlement agreement reviewed by their own separate attorneys.

Choice 2: Collaborative Law

In collaborative law, both spouses have their own attorneys whose collaborative training enables them to work as a team.  The attorneys focus on each spouse's needs and concerns - and those of their children - with the goal being a settlement that works for everyone. Even when there is an unequal balance of power and strongly contested issues in a divorce, skilled collaborative attorneys make this an effective alternative for many couples. Collaborative Law, like mediation, takes the divorce process out of the adversarial court-based system.  Unlike mediation, collaborative law offers each spouse a skilled advocate to provide legal advice and support throughout the negotiating process. The collaborative lawyers also serve as peacemakers to help minimize conflict and stress, and resolve disputes.

Collaborative Law is so different from traditional adversarial-based negotiation, we have devoted a separate section of this website to this innovative concept. Click here for a full explanation of Collaborative Law.

Choice 3: Traditional Negotiation with Courtroom Litigation as an Option

This option often takes place within the adversarial court system. The adversarial system is usually NOT the best forum for dissolving a marriage, but – until recently - it was the only system available. Working within the adversarial system is necessary when one or both of the parties are more interested in “winning,” than in coming to an equitable resolution. It can be the best alternative for a spouse that has been the victim of serious abuse.

This is the most expensive and emotionally draining alternative.  The negotiation in this process is based on power and the threat of courtroom litigation as an incentive to come to an agreement. Ironically, if negotiations break down, both parties give up their power and put the decisions in the hands of a judge. Nevertheless, there are some cases that must be handled this way.  If this approach is used, it is critical that the attorney be highly skilled in the subtleties of negotiation, but also experienced with litigation, able to be aggressive when necessary, and well-versed in statutory and case law.