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Posts Tagged ‘mediation’

What is collaborative law? Can it help me in my divorce?

January 23rd, 2012
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Collaborative law is a method of resolving disputes in a divorce situation that requires all parties to be focused on a mutually acceptable resolution.  This method draws on the theory of mediation by remaining focused on resolving disputes outside of litigation.

This method of dispute resolution also adds the requirement that attorneys must withdraw from representation if either party files a lawsuit. This mandatory withdrawal is an incentive to keep the parties at the negotiating table. Retaining a new attorney to file a lawsuit is going to cost additional money, so the incentive is to remain at the negotiating table so that you will not lose your collaborative lawyer.

Collaborative law began in Minneapolis in 1990 with attorney Stu Webb, and it has now spread to almost every state. In Wake County, there are many lawyers who have taken collaborative law training and hold themselves out as collaborative lawyers. There are even some collaborative law groups of attorneys that may physically be in the same building or may be loosely related and familiar with working with the others in this group.

This method is part of the bigger label of alternative dispute resolution, which includes the process of mediation and arbitration. Over the past ten years, the growth of alternative dispute resolution in family law has grown tremendously as courts have become clogged and people have become frustrated with the legal system and legal fees.

If you are interested in utilizing collaborative law in resolving your separation or divorce, call Frye Law Offices. Our firm offers knowledge, experience and personal attention at a time when you need it most, and our firm can help you determine if the collaborative law method is the best way to address your needs.

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An Effective Way to Work with an Attorney

January 16th, 2012
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One of the most cost effective ways to communicate with your attorney is via email.  This method can be much more affordable than phone calls or scheduling an appointment.

 

Why?

 

A phone call or appointment may take more of the attorney’s time as a conversation could develop on a topic that was not in line with your original list of questions or concerns. This time is not necessarily wasted as you or your attorney may find out information that assists in your representation; however, if your goal was to find out an answer to a specific question, you may not view this additional time as cost effective.

 

Some people shy away from using email because they believe it is easier just to meet or talk over the phone. The reality is that composing an email makes you compose your thoughts. Being organized and focused in your time with an attorney means that you will receive more for your dollar. Emails also have the added benefit of giving you a response that you can refer to on more than one occasion. If you are not sure exactly what was said, you can always pull the email back up and review the answer again.

 

Email is not always the best way to communicate; however we encourage clients to use that as one of their first methods of contact with the attorney. If you are not sure, let the attorney decide if it is best for you to speak about the issue or if email correspondence will suffice. Likewise, if you do not feel comfortable memorializing certain things in an email to the attorney, call the office and schedule an appointment. The most cost effective way may not always be the best way. Work with your attorney and their staff to determine the best way.

 

At Frye Law Offices, we offer you knowledge experience and personal attention at a time when you need it most. Contact our office if you need help with your family law needs and want someone to be cost effective in their representation.

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What to expect during your initial consultation at Frye Law Offices

December 8th, 2011
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You have scheduled your Initial Consultation with one of our attorneys, what should you expect at your appointment?  Please plan to block out at least an hour and a half for this appointment. On average this is how long a consultation should last with one of our attorneys.  If you are unable to keep your appointment for any reason, please call the office to either cancel or reschedule. Cindy and Chris are happy to help you with this. Also, expect us to call the day before the appointment to confirm the time and that you have directions to our office.

When you arrive to our office either Chris or Cindy will greet you.  She will get you settled in one of our conference rooms.  Once you are seated, she will go over our Client Intake Form with you.  This form gives our office information such as addresses, phone numbers, email addresses, and dates of birth.  After the intake form is complete, she will process the payment for the appointment and ask if you have brought any documents with you that you would like your attorney to review.  If you do, she will make copies of the documents for the attorney’s review.

Chris or Cindy will then bring your file to the assigned attorney, who will review your file briefly before coming in to meet with you.  During the meeting with either Ms. Frye or Ms. Bruce, they will go into greater detail of your situation and what your goals are.  After the consultation, you will receive a business card with the attorney that you have met.  If you have a question a few days after your appointment, our attorneys are happy to answer them via email at no additional charge.

At Frye Law Offices, we pride ourselves on having an amazing support staff. Clients have always told us that our staff has been professional, empathetic, and effective. From the first moment you contact our firm, you will find the knowledge, experience and personal attention at the time when you need it most. Please call us at 919.846.8807.

**Written by Christine Universal

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What to expect when you first contact a domestic law firm?

November 30th, 2011
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You have taken the first step and have reached out to a domestic law firm, what can you expect now?   Depending on the size of the firm you are contacting, the voice on the other end of the phone can either be a receptionist, paralegal, legal assistant or an attorney.

 

The first question you can expect to be asked is your name and the name of the other person involved (spouse, girl friend, former spouse, etc) or any other parties involved in your situation.

 

We have had clients call in and not want to give us this information; however, this information is vital in determining if we have any conflicts that would prohibit the firm from assisting you.

 

Once it is determined that there are no conflicts, the next step will be getting details of your situation.  During your first phone call you can expect to be asked a good number of questions about your current situation.  The person on the other end of the phone is not being nosy; they are just doing their job.  They need to be thorough and get as much information from you as possible so that the attorney has some background on your situation prior to the first meeting.

 

Hopefully, the person will be interested in what you are saying and not trying to do three other tasks while on the phone with you.  Remember this first phone call is a two-way street. Do you like the person on the phone? Does this sound like the type of person you would like to speak with on a regular basis? Realistically, you could be talking to this person quite frequently, so make sure you feel comfortable with this person.

 

Once the information is gathered, and you feel comfortable with the person on the other end of the phone, an appointment will be set up with an attorney. The person should make sure that you understand the cost, length of time for the meeting, location of the appointment, etc. You will undoubtedly have a great deal of legal questions, but this person cannot (and should not) answer your legal questions.

 

At Frye Law Offices, we pride ourselves on having an amazing support staff. Clients have always told us that our staff has been professional, empathetic, and effective. From the first moment you contact our firm, you will experience the knowledge, experience and personal attention you need.

 

If you feel that our firm can help you, please give us a call at 919.846.8807.

**Written by FLO Office Manager, Christine Universal**

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Reflections of a Mediator

October 13th, 2009
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Since 2006, I have been certified by the NC Dispute Resolution Committee as a Family Financial Mediator. Ever since I began practicing family law, I knew that I wanted to become a mediator. Why? Instead of fighting for my client, I wanted to empower parties to resolve their own disputes. As a party’s attorney, I can only do so much, and I have an ethical obligation to represent my client. Mediation is one of the best tools for people to resolve their own issues.

In Wake County, we are lucky to have a wonderful group of attorneys who work as mediators. All of these attorneys have been practicing for 15 plus years, so I knew I would have to pay my dues before I could be considered by our bar as an effective mediator. I’m still paying my dues, but sometimes I found myself doubting the process and my skills as a mediator.

Recently I completed a mediation, and after we reached a resolution, both sides commented on how much they appreciated my services and how their expectations were pretty low when entering the mediation. Weeks after the mediation, I received the following email from one of the parties:

Mrs Frye,

Good Morning. I just wanted to take a moment to Thank you for your time and effort you put into the Mediation process between myself and my husband. You made this part of the processes extremely comfortable.

Honestly I didn’t walk into your office with high hope in coming to any agreement with the person who pursued me in court. Your amazing ability to talk, communicate understand and listen had the impact to reaching an agreement. I feel fortunate we got you as the Mediator in the court order. God forbid if I know anyone going through this process in the future I would highly recommend you.

Thank you for everything you did while meeting with us. Helping ending this long hard battled I endured.

My sprit and drive have been renewed! I was thrilled to help these people, and I hope to help more people in the near future.

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