Frequently Asked Questions
Settlement counsel is a general term that is used to describe an attorney who focuses on achieving resolution by helping their client reach an out of court agreement. Settlement counsel is an umbrella term for how an attorney can represent a client in a number of different processes.
We have developed the following FAQs with the hope of helping clarify what settlement counsel is and its advantages. It is a viable path to consider for divorce as well as resolving other family legal matters including, but not limited to, modifications, child custody, support, parenting plans, and division of assets and liabilities.
What is settlement counsel?
Your attorney is representing you and advocating for you to achieve an agreement.
Should you choose to work with Levitt Family Law & Mediation, Karen J. Levitt would be your attorney and advocate working toward achieving an agreement with the other attorney and parties involved using collaboration, communication, and negotiation.
What are the advantages of settlement counsel?
Choosing settlement counsel as the path to achieve an agreed to settlement offers many potential advantages including, but not limited to:
- You have an attorney who is providing you advice and support to achieve agreed to resolution.
- It is an out of court process focused on agreeing to resolve the family legal matter thorough negotiation, communication and collaboration.
- It is private and confidential.
- It may help you and the other party find a way to co-parent after divorce.
- It may help maintain relationships with mutual friends, family, business or community connections that you don’t want to “split” as a result of your divorce.
- It may enable you to move forward with your life in a more positive manner.
- The financial cost for legal services can be less than litigation.
- You have more control over the process and outcome as you are not leaving it to the Court to make decisions for you.
- The emotional cost on you and your family can be less than litigation.
- The timeframe for resolution of a family legal matter through settlement counsel is typically less than litigation.
How do I prepare for an initial meeting?
Why Levitt Family Law & Mediation for settlement counsel?
What happens if resolution can’t be attained through settlement counsel?
What kind of training does an attorney need for settlement counsel?
How does settlement counsel differ from mediation?
What should I expect by retaining settlement counsel?
Is there a case facilitator or “coach”?
What if we need other professionals to help us?
Financial professionals, business valuators, real estate appraisers or brokers, pension experts, child specialists, or other professionals can be part of settlement negotiations. These professionals, when used to assist parties in gathering or understanding information necessary to determine asset values, parenting plans, or other issues in the case, make the settlement process more efficient in providing needed information and adding value as well as reducing time and cost. Please refer to the Professionals listing for additional information about other professionals that may be part of the process.
What is the cost of settlement counsel?
How long does a settlement counsel case take?
How do I decide whether to choose the settlement counsel path vs. another path?
During the initial consultation, we will gather information about you, your marriage or other family law issues, your goals, interests, and concerns, and discuss with you your options including what process options you have available. This discussion is intended to help you decide if settlement counsel feels like the right choice for you.
How do I get the other party to agree to settlement counsel?
Where can I get more information about settlement counsel?
We have more information about settlement counsel on the website; review our Resource section as well as search our blog, Around the Table.