Hagstrom Law and Mediation, PLLC

Family Law, Estate Planning, and Conflict Resolution

Posts Tagged ‘Custody

I’m Getting Divorced, What Are My Options?

June 5th, 2012 by Anna Hagstrom

I spend a lot of time educating my clients about the various processes available to them. There are always more options than they are aware of. Below is an outline of (only some!) of the options available for resolution:

Neither party has retained an attorney:

  • Self Help.  Utilize self help centers through the county court websites – come to an agreement and draft documents on your own.
  • Mediation.  Meet with a Mediator who is an expert in assisting you in having a conversation to resolve any remaining topics. Typically this option is less costly than retaining an attorney.
  • Limited Scope Representation.  Many attorneys offer “limited scope” services, including drafting the final agreement at an hourly rate or a flat fee. This is a cost-effective approach for individuals who have reached an agreement and want an attorney to make sure they have covered all necessary topics and include proper language.

One or both parties have an attorney:

  • Agreement.  The parties (or attorneys) can settle the case at any time, including before service of documents (initiating the legal proceeding), and their attorneys can draft an agreement (Marital Termination Agreement [MTA] or Stipulated Judgment and Decree).
  • Mediation.  A Mediator can help you reach an agreement, often in just one meeting – even before investing time and money to initiate the legal proceeding. As above, an attorney can then draft an MTA.
  • Collaborative Law.  Both participants can hire an attorney who practices Collaborative Law – making an agreement that those attorneys will not represent you if you decide to litigate the case. A great option for anyone who is interested in a method of resolution that discourages the type of conflict that litigation often causes – this model is more involved than mediation and the process includes more steps.

Other things to know:

  • Acceptance of Service.  Rather than formal “service” of the documents, which can add conflict, feel adversarial, and is not always private, the Petitioner’s attorney can mail the documents to the Responding party (or their attorney). The Responding party then signs an Admission of Service – a simple form stating that you received the documents.
  • Should My Attorney Attend Mediation?  It’s up to you. You can request that you meet with the mediator without attorneys present. Each client has their own needs regarding the presence of attorneys at mediation, in my view it is up to each client and what makes you most comfortable. In my role as an attorney, I tell clients that I can be available by phone during the mediation if they want to attend alone but would like to be able to ask me questions.

These are choices that impact the way your divorce will feel, how satisfied you are with the outcome, the cost, and more. There are many options, and no single route is right everyone. I encourage you to gather information and choose the process that is best fit for you.

 

Transformative Mediation Committee

February 20th, 2012 by Anna Hagstrom

I am excited to be a member of the Social Media Committee of the Management Team for the Institute for the Study of Conflict Transformation (ISCT) – the organization that created and governs Transformative Mediation!

Our committee’s task is to raise awareness about Transformative Mediation through social media.  We had our first conference call this morning, and have no shortage of ideas.  It will be an ongoing project, and I hope to help create and implement a plan for spreading the word about Transformative Mediation, this organization, and the great work that transformative mediators do, as well as encourage a more active network of transformative mediators.

It was energizing to talk with the committee members from various locations (Minnesota, Maryland, Ontario) and diverse backgrounds, who are all passionate about Transformative Mediation.  This will be a rewarding endeavor, and I thank Dan Simon for inviting me to be on the committee!

Latest Blog Post

Article Featured in ‘With Equal Right’

January 14th, 2013 by Anna Hagstrom

I’m honored to have been asked to write a feature article for With Equal Right, the quarterly publication of Minnesota Women Lawyers, on the topic of Generations in the Workplace.  I focused on how my generation of law school graduates is Redefining Success – in light of the various challenges we are facing.  Read the… (Read more…)