Pre-Litigation Counseling & Mediation
What Is Pre-Litigation Counseling & Mediation
Pre-litigation counseling in the context of conflict counseling involves a proactive approach to dispute resolution, where parties are guided towards resolving conflicts before they escalate to the point of litigation. This aspect of conflict counseling provides several key benefits and functionalities, as outlined in the document:
Mediation at the Beginning: Pre-litigation counseling is likened to mediation at the onset of a dispute rather than at the end. This early intervention helps direct parties towards potential resolution paths right from the start, potentially avoiding the need for litigation altogether.
Educational Aspect: It allows parties to educate themselves and each other about their legal positions and possible outcomes. This educational component is crucial as it helps parties understand the implications of their actions and decisions early in the dispute process.
Shared Legal Advice: Parties can receive legal advice that benefits the resolution process. Although each party may seek their own attorney, the shared advice in pre-litigation counseling is aimed at finding a mutually beneficial resolution. This is particularly useful in divorce scenarios where parties are encouraged to find amicable solutions to their disputes.
Issue Identification: The counselor helps parties identify potential issues that could be adverse to either party, ensuring that both sides are aware of possible legal ramifications and outcomes. This proactive issue identification can prevent surprises later in the litigation process, should it proceed.
Verification and Correction of Misstatements: Counselors also play a role in verifying allegations and correcting misstatements about the law. This ensures that both parties have accurate information, which is essential for making informed decisions about their dispute.
Conflict Areas: Pre-litigation counseling covers possible areas for conflict, providing parties with legal insights into issues like disproportionate division due to cruelty or other factors. This anticipatory guidance can help parties adjust their expectations and strategies accordingly.
Role of the Counselor: The counselor acts as a mediator and educator, steering the parties towards understanding their options and the potential consequences of their choices. This role is crucial in pre-litigation settings, where the aim is to resolve disputes without resorting to the courts.
Pre-litigation counseling, as described, focuses on resolution paths from the very outset of a case, combining legal advice with mediation techniques. This approach is particularly beneficial in family law contexts, where it can help parties understand their situations better and develop a plan that fits their specific needs, potentially saving them from the emotional and financial costs of litigation.
How Long Does It Take?
The duration of conflict counseling can vary depending on the complexity of the issues and the willingness of the parties involved to work towards resolution. Many conflicts may be resolved with only a couple of telephonic conferences. Some may require more time for the parties to consider issues as they arise. And some issues may require a few weeks to a few months. But the focus of conflict counseling is on resolving a specific, or specific conflicts, rather than on long-term therapy, so the process is generally much more concise than traditional counseling methods.
How Much Does it Cost?
Because conflict counseling is designed to benefit from the experience and knowledge of a legal professional, the counseling is usually handled by an experienced lawyer. Our current hourly rate for conflict counseling services is $200.00 an hour, billed in .25-hour increments. So, a typical starting retainer might be $500.00 for the parties to start with 2.5 hours of time. This arrangement will be sufficient to resolve many conflicts, and will be provide insight and direction for those matters that require more time.