MEDIATION
AND
COLLABORATIVE LAW
The Peaceful Alternatives

The Mediation Alternative

Whether you are joining or separating lives, disputing property ownership, forming or dissolving a business or partnership, or struggling with tough family estate and probate issues, mediation can provide cost effective and fair solutions.

Traditionally disputes were legal matters; but now you have more and better choices in the ways you resolve them.  Mediation is appropriate in any situation in which differences must be resolved, or in which differences might arise in the future.

Mediation is a private, confidential and cooperative process where both parties are encouraged to work together toward an early, inexpensive, and fair resolution of their dispute.  Ms. Holley serves as an impartial facilitator assisting the parties to generate solutions, solve problems, and reach resolutions.  Legal documents and court papers will be prepared when both parties reach an agreement.  In family law matters it is not necessary to have an attorney present during mediation.

As an attorney, mediator and therapist with over 25 years of experience, Vivian Holley is an expert in enabling people to reach resolution.  And, because this process involves shared mutually agreeable decisions, all participants, in effect are winners.

Collaborative Law as Another Alternative

Collaborative Law is a process in which both parties to a dispute and their attorneys commit themselves to resolving a conflict using a cooperative rather than adversarial approach.  It is an alternative dispute resolution process, which allows the parties to avoid going to court to have a judge decide the issue.  Collaborative law relies on the commitment of the parties and their attorneys to exercise honesty, cooperation, professionalism and integrity in working toward the future well-being of both parties and, if there are children involved, the family.  Non-adversarial participation by the attorneys allows them to use analysis and reasoning to solve problems, generate solutions and create a positive context for settlement. In collaborative law, Ms. Holley serves as an attorney for one party and a different collaborative attorney represents the other party.

Why Mediation or Collaborative Law?

Avoids Court
Mediation and collaborative law focus on settlement without the constant threat of court intervention.

Saves Money
These processes are almost always both less time consuming and less costly than litigation.

Client is in Charge
You control the proceedings as a vital part of the settlement team.

Addresses Both Parties' Needs
The end product is a reasonable settlement that addresses and meets the needs and concerns of both parties, rather than the most outspoken or most adversarial party controlling the outcome.

It Works
It works if problem solving is more important than fighting and if both parties want solutions that are fair to each.

How Do They Work?

Informal Setting
Done generally in an office setting conducive to constructive discussion.

Cooperative, Open Approach
Parties commit to open dialogue and an honest airing of issues.

Creative Problem Solving
Both parties are guided toward constructive resolution in a process that is tailored to the family's needs.

Committed Specialists
Mediators and collaborative attorneys like Vivian Holley who have been specially trained in mediation and collaborative negotiation, aim to be cooperative and non-combative.

What if we can't settle?
If the parties are unable to reach a complete settlement through mediation or a collaborative process, they are free to retain new attorneys and pursue the matter in court.

Do I need an attorney?
Ms. Holley offers an initial phone consultation at no charge to assist parties in determining the best process for their situation and to discuss the role of any attorneys who may be involved.

Vivian Holley has effectively resolved disputes in such diverse areas as:

* Separation and Divorce (property division and planning for the future)
* Parenting, Custody, Visitation and Support
* Premarital and Live-together agreements
* Contested Wills, Trusts and Probate Estates
* Family disputes and Elder Abuse
* Landlord/Tenant and Real Property disputes
* Partnership Formation or Dissolution
* Business and Employment disputes
* Personal Injury and Harassment