*****      Providing Affordable Solutions to Family Law Issues     *****

Do not spend your savings, your children's college funds or your retirement assets to hire a litigation attorney to wage a divorce war.  Consider using our alternatives to litigation to save time, money and emotional stress. Our solutions will help you build a better future for yourself and your family.

If you and the other party would like to work together to negotiate a settlement, then you may retain Jami Fosgate as a Collaborative Lawyer or neutral Mediator and you will both save thousands of dollars in attorneys' fees by avoiding litigation.

Collaborative Representation

If you want the benefit of an attorney who will advocate for you and you also want the lower cost of not litigating in court, you may retain Jami Fosgate as your Collaborative Lawyer. The other party will also retain a Collaborative Lawyer and both parties and lawyers sign a Stipulation and Order to confirm they will not litigate the case, but instead will cooperate in good faith with full disclosure in a joint effort to resolve the issues peacefully and amicably.

Should one party decide to pursue litigation, both Collaborative Lawyers will withdraw from the case. This requirement ensures that both parties and lawyers are committed to the Collaborative Law process. If other specialists would be beneficial to resolving the issues (e.g., accountant, business appraiser, communications coach, child specialist, etc.) the parties agree to share the cost of these specialists.

The Collaborative model is a sensible, safe and sensitive alternative to litigation.

     Sensible  - clients control their destiny (not a judge);
                      - clients can explore more options (a court is restricted by statutes);
                      - clients jointly retain neutral specialists (no paying for a "hired gun").

     Safe         - Collaborative lawyers withdraw if the process is not being followed;
                      - the process is confidential and private (no testimony or court hearings).

     Sensitive - children are shielded from the divorce conflict;
                      - the emotional well-being of the entire family is the the focus;
                      - collaborative process looks forward to plan for the family's future.

The Collaborative model saves 20% to 50% compared to total litigation fees and costs.

Mediation

As a mediator, Jami Fosgate will remain neutral and facilitate discussion to help the parties resolve issues and concerns related to the dissolution of their marriage, domestic partnership or parentage case. The parties are in control of the results and are free to develop creative strategies for settlement. The parties share the cost which averages $5,000 total for mediation and preparation of court pleadings - significantly less than both parties retaining separate counsel and litigating the case.

FOR A COMPARISON OF LITIGATION vs. MEDIATION, CLICK HERE.

If you are already scheduled for mediation, you may retain Jami Fosgate as your consulting attorney to advise you during mediation.

If you have already reached a settlement agreement with the other party, you may retain Jami Fosgate to review the agreement before you sign it.  She will  advise you of its benefits, limitations and potential pitfalls.  You may also choose to retain her to negotiate revisions before the agreement is finalized.

Co-Mediation

The same process is followed as for regular mediation except that a neutral communications coach (a mental health professional) also participates in each mediation session to help the parties cope with the emotional aspects of divorce. Although the parties incur fees for two professionals (attorney and coach), the cost will only increase to about $6,000 to $7,500 total - still significantly less than litigation - and agreements may be reached more quickly with the assistance of the communications coach.

Limited Scope "Unbundled" Services

You may want to retain Jami Fosgate as your consulting attorney to:
   (1) review your mediated agreement;
   (2) represent you at a settlement meeting; 
   (3) provide legal strategy;
   (4) handle document review and analysis; 
   (5) handle discovery (document production, interrogatories, subpoenas, etc.);
   (6) assist with other legal services at the affordable rate of $195.00 per hour.

Legal Document Preparation

If you need assistance with preparing the complicated court forms or if you and the other party have reached your own agreement, Jami Fosgate will handle all the paperwork and logistics of processing your case through the court system. Document preparation costs begin at a flat fee $250.00.

FOR A DESCRIPTION OF LIMITED SCOPE REPRESENTATION, CLICK HERE.
TO VIEW A LIMITED SCOPE REPRESENTATION FLOW CHART, CLICK HERE.

LITIGATION - Jami Fosgate declines to represent parties in litigation because when parties are at odds and do not cooperate during the case proceedings, the cost of the case increases significantly each time the parties disagree about an issue.  Most litigation attorneys will require a $3,000 to $10,000 retainer fee (or more) from EACH party and bill at $300 to $500 per hour (or higher).  The initial retainer is usually depleted after the initial Order to Show Cause hearing which requires legal research and the preparation of pleadings by the attorneys.  A court hearing with attendance by the parties, attorneys and witnesses may last for several hours, sometimes all day.   It is not unusual for each party to spend $25,000 or $50,000 during a contested divorce case ($50,000 to $100,000 total for both parties).

If one party wants “revenge,” then both parties will usually end up depleting their bank accounts and be forced to sell assets in order to fund the litigation and pay attorneys’ fees and legal costs. Litigation is the most expensive, time-consuming, emotionally draining and least efficient way to handle family law matters.

PHONE:   818 - 827 - 7157  
EMAIL:    info@fosgatefamilylaw.com