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Taking the Drama Out of Family Law

by | Mar 8, 2019 | Family Law

Is there a hidden motive?

The emotional state of anger does not lend itself to reducing drama. It is important to understand where a client’s anger is coming from and make decisions outside of a desire for punitive or restorative justice. Cases should be fought with the long game in mind. While a client may be angry now it is completely possible they will feel differently later.

What is the mindset of the lawyer?

It is not only the mindset of the clients that matter. The mindset of the lawyers is equally important. A lawyer’s mindset can have a bearing on how the case is pursued. For instance, if the lawyer sees themselves as a litigator, the case is more likely to end up in court. Clients should be aware of the perspective their lawyer brings to their case. While clients should be wary of lawyers who immediately want to go to court, they should equally as wary of a lawyer who is not willing to go to court at all. The best mindset for a lawyer is one that Drama. It is the dreaded word lawyers and clients fear when entering the arena of family law. Due to the personal nature of these cases, conversations are often fraught with drama as tension and anger bounce between litigants. Traversing these moments of stress is integral to the success of a litigant’s case. To do so, lawyers and clients must first consider the mindset of the parties involved.

How do you focus on the mindset of litigants?

In the collaborative arena, we do this by concentrating on interests instead of positions. Interests are what underlies a position. For example, a client may say, “I want the house.”  When you examine this statement from the point of view of the client’s interests, what the client really desires is stability for their children. Through situations like this, I’ve learned that there is value in focusing on interests as opposed to positions. Within the realm of interests, common ground is found much more easily than found when you think only about positions.

will potentially go to court if needed but is going to put a lot of effort into trying to help the litigants reach a reasonable compromise and resolve issues.

By paying attention to these aspects of mindset, clients and lawyers should be able to more effectively manage the stress that arises during a family law case. If you want to make sure that your resolution is effectively managed, reach out to The Law Office of Tim Whitten.

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Family Focused.
Solution Oriented.