Glossary & Helpful Links
Collaborative Family Law (CFL)
This is my preferred method for settling disputes, as my experience has shown a significant savings in money, time and grief for my clients. CFL is a new approach designed to assist clients in reaching an agreement outside of a courtroom. Rather than an adversarial approach, I use cooperative strategies, acting as a negotiation coach and providing the appropriate legal advice. A series of 4-way meetings are held with both lawyers and clients present, working to find a mutually acceptable settlement. Clients receive the benefit of having a legal advocate by their side throughout the process, while at the same time retaining control of negotiations.Parties and lawyers agree to negotiate in good faith and provide all relevant information required for informed decisions. Further, the lawyers commit to each other and their clients that they will not commence litigation during the negotiation process. This is my preferred method for settling disputes, as my experience has shown a significant savings in money, time, and grief for my clients.
There are many pertinent pieces of legislation that need to be taken into consideration when conflict arises over an estate. Many steps can also be taken to implement creative resolutions including minimizing the taxes payable upon death, including capital gains, income and probate fees. The expertise of a knowledgeable and experienced lawyer is vital to resolving conflicts over estates.
Mediation is used to facilitate discussion between conflicting parties, in order to reach a mutually beneficial solution. We begin with individual appointments for each party with their own lawyer, and moves on to joint sessions. As a mediator, I help identify the issues requiring resolution, and generate options, encouraging both parties to work with their own lawyer towards solutions they can both accept. Any agreements reached are put into a draft agreement, known as a Memorandum of Agreement. Copies are provided to both lawyers so they can independently council their clients. My goal is to promote cooperation between the parties, and reduce tensions overall.
In negotiation, I act on your behalf, advocating only for you. The goal is to reach a resolution outside the courtroom. Marriage and cohabitation agreements, as well as separation agreements that include the interests of any children that are involved are examples of areas where my experience in negotiation is helpful.
Powers of Attorney
These documents fall into two main categories – for property and for care. Both are important to have in the case of sudden illness that prevents you from managing your own affairs. Property allows you to designate a person or persons who will attend to your banking, investments, home sale or other assets as well as the signing of routine documents. Care lets you designate someone to represent your best interests when choosing hospital or nursing home accommodations, and medical treatment requirements.
The links below are provided as a courtesy only and Linda Irvine Sapiano is not responsible for any of the content contained therein.