Xtremepaper
We hear it every day on the phone: "I'd like to try mediation, but I'm afraid I won't be protected." Protected from what, exactly? That's the question that Divorce Corp. raises.
If the average divorce fees cost $50,000 (according to Divorce Corp), and the average Los Angeles divorce fees cost upward of $100,000 (according to former Presiding Family Law Judge Marjorie Steinberg), is it protection from the litigation system that clients actually need?
I was disappointed that the movie didn't explore the idea that divorcing couples and never-married parents can opt out of the litigation system. They can avoid the Divorce Corp. by choosing to settle out of court, whether that's at their own kitchen table or with the help of a third party facilitator like a therapist, clergy, accountant, mediator or Collaborative Divorce team.
You don't have to opt into the litigation system. You don't have to roll the dice on the judge you're assigned to, the custody evaluator appointed, and having to pay fees upon fees. You can opt out. And it's not difficult to opt out. There are lots of choices.
But divorcing people are scared. They're scared of the future, of the unknown, of the things that their spouse might do. What most don't realize is that they really have nothing to fear but fear itself (and maybe litigation lawyers). When a gladiator lawyer says,"I'll protect you", the temptation is to believe it. And while I still believe most lawyers really mean that, the truth is that divorce is a business, and lawyers can't keep their offices open when clients can't pay. And almost every client runs out of money eventually. Even the wealthy McCourts ended up in bankruptcy after their LA Dodgers-centered divorce fight.
We helped clients sign a mediated divorce agreement yesterday. Was it perfect? Probably not. But did each client come out substantially better off than if they'd paid attorneys' fees and litigated in court? Absolutely.
As a litigation attorney for 12 years
If the average divorce fees cost $50,000 (according to Divorce Corp), and the average Los Angeles divorce fees cost upward of $100,000 (according to former Presiding Family Law Judge Marjorie Steinberg), is it protection from the litigation system that clients actually need?
I was disappointed that the movie didn't explore the idea that divorcing couples and never-married parents can opt out of the litigation system. They can avoid the Divorce Corp. by choosing to settle out of court, whether that's at their own kitchen table or with the help of a third party facilitator like a therapist, clergy, accountant, mediator or Collaborative Divorce team.
You don't have to opt into the litigation system. You don't have to roll the dice on the judge you're assigned to, the custody evaluator appointed, and having to pay fees upon fees. You can opt out. And it's not difficult to opt out. There are lots of choices.
But divorcing people are scared. They're scared of the future, of the unknown, of the things that their spouse might do. What most don't realize is that they really have nothing to fear but fear itself (and maybe litigation lawyers). When a gladiator lawyer says,"I'll protect you", the temptation is to believe it. And while I still believe most lawyers really mean that, the truth is that divorce is a business, and lawyers can't keep their offices open when clients can't pay. And almost every client runs out of money eventually. Even the wealthy McCourts ended up in bankruptcy after their LA Dodgers-centered divorce fight.
We helped clients sign a mediated divorce agreement yesterday. Was it perfect? Probably not. But did each client come out substantially better off than if they'd paid attorneys' fees and litigated in court? Absolutely.
As a litigation attorney for 12 years