"Unbundled" consulting services to those clients who
cannot afford or do not wish full representation services and prefer to do their own
divorces - but with assistance. In these cases, Ms.Salka may propose and review settlement
options, run support schedules, coach them for settlement discussions, draft documents, do
research, or even make limited deposition or court appearances on their behalves. Second opinions in cases where a party is at odds with or
hesitant to accept the advice of his or her own counsel about entering into a settlement
agreement. This is a benefit to counsel who are unable to move their own clients to
resolution they believe is appropriate and to their benefit as well as to clients who need
the assurance of a "second impartial look." Mediation of family dissolutions with pro per or
represented parties and assisting clients in mediation as a consulting lawyer. Ms.
Salka has served as a private mediator as well as a mediator for the courts for over a
quarter-century. She has mediated many high-profile and complex cases as well as more
simple matters in the privacy of her office. Mediation helps people privately settle
disputes they are unable to resolve on their own, while still retaining control over their
own lives and futures. Collaborative legal services, in which she has received
formal training. Collaborative family law is a new, hybrid concept. The parties are each
represented but they and their counsel stipulate that the collaborative team will not
litigate but, rather, work towards a mutually beneficial, mutually agreeable resolution
with the assistance of corollary experts in child development, financial planning and the
like. This works well even in cases where the acrimony is high, and it can greatly reduce
exposure and the costs of appearing in a court setting and greatly benefit families. Ms.
Salka is a founding member of the Los Angeles Collaborative Family Law Association
(LACFLA). In those cases which do not lend themselves to these more humane
approaches to family dissolution, Ms. Salka will sometimes recommend out-of-court hearings
through private adjudication, in which she will serve as a consultant or an arbitrator. For those litigants and their attorneys who are already preparing for
trial and want to make an attempt to remove themselves from the litigation track, Ms.
Salka will act as an overall traditional settlement attorney or as an
officer of the court in a voluntary settlement conference; she will work towards
resolving single issues or entire matters. This option is for parties with seemingly
intractable issues who are overwhelmed by the process and by fees which they cannot
continue to incur. As an experienced litigator, and a fellow of the American Academy of
Matrimonial Lawyers, she will attempt to give information about their legal rights and the
risks of going to court. In this way, she has managed to arrive at many cost-effective
settlements. Case manager to determine the best vehicle for resolving each
case, facilitate the hiring of appropriate legal, financial, psychological and other
experts, and keep cases moving towards resolution. Of course, the earlier in the process
Ms. Salka is brought into a case for this purpose, the better the likely result.
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| Definition of
Mediation |
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Mediation is managed negotiation. It is a process in which
a trained third party helps a couple in transition resolve their own disputes. It involves
seeking a settlement designed and agreed upon by both parties, in a structured way that
helps them maintain a civil relationship and avoid impasse. |
| Definition of
Collaborative Law |
|
Collaborative law is a process in which everyone agrees to
work together to create acceptable solutions that work well for both parties and their
children. Each person has a lawyer but the lawyers are hired only to work on reaching a
settlement not preparing for trial. If either person wants to litigate, both parties have
to get new lawyers. In that way, everyone has the incentive to settle and the help to do
so in a good way. The collaborative team may also include coaches, financial consultants
and child experts. |
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