Process Choice: The How of Divorce Settlement with Sarah Hechtman

Katherine Miller — Wed, 18 Oct 2017 01:00:14 +0000

EP: 058

Sarah Hechtman

Process Choice: The How of Divorce Settlement

Once you’ve decided on divorce, the next step is to determine how you and your former partner will come to a resolution. Given that 97% of divorces in New York settle before a judge gets involved, it is in your best interests to explore the full spectrum of options and make an informed decision based on your particular circumstances. This is called process choice.

Sarah Hechtman is a trained collaborative lawyer and family mediator. Before practicing family law, Sarah worked as a civil rights lawyer, prosecuting class action cases on behalf of children through Children’s Rights and Advocates for Children of New York. She also served as an Assistant District Attorney in the New York County DA’s Office where she was a member of the Domestic Violence and Sex Crimes Unit. Sarah made the transition to family law in 2006, and since then she has handled complex divorce cases involving substantial financial assets as well as highly contested child custody cases. Sarah’s interest in the welfare of children coupled with her experience as a litigator led her to a commitment in helping clients resolve their family disputes outside the court system.

Today, Sarah joins Katherine to share the definition of process choice, discussing the full spectrum of options divorcing couples have regarding how they will settle. She explains the mediation model, walking us through the value a mediator adds as a neutral third-party. Sarah also speaks to collaborative law, describing the professionals who may be included in the process. Listen in for Sarah’s insight around the myth of ‘having your day in court’ and how collaborative law enables the parties involved to craft their own resolution.

Topics Covered

The definition of process choice

The full spectrum of paths to settlement

How the ‘kitchen table’ template works without representation

The value a mediator adds to the settlement process

Big picture view
Creative solutions
Neutral third-party

Who is involved in three-way and five-way mediation meetings

The collaborative law model

The role of a divorce coach

The myth around having your ‘day in court’

The concept of attribution error

How collaborative law enables the parties involved to craft their own solution

The circumstances under which litigation may be appropriate

Domestic violence
Safety of child at risk
Need discipline of court

Why the most highly contested cases involve mental illness

How the court system is designed to address the worst possible circumstances

Wasteful dissipation of assets exemplar

Connect with Sarah Hechtman

Sarah at Miller Law Group

Sarah on LinkedIn

Connect with Katherine Miller

The Center for Understanding Conflict
Miller Law Group
Katherine on LinkedIn

The post Process Choice: The How of Divorce Settlement with Sarah Hechtman appeared first on Divorce Dialogues.

A Better Way to Divorce Through the Collaborative Model with Sue Brunsting, Esq.

Katherine Miller — Thu, 06 Oct 2016 01:00:37 +0000

EP: 034

Sue Brunsting

A Better Way to Divorce Through the Collaborative Model

By 2001, Suzanne Brunsting had been practicing as a matrimonial litigator for 20 years. The more experienced she got, the more difficult and contentious the cases referred to her. Day in, day out, she was witness to the damage endured by families embroiled in the process, especially the children at the center of custody battles. There had to be a better way. And that spring, a colleague introduced Sue to the collaborative model.

Now Sue is a collaborative lawyer and settlement advocate who helps divorcing clients reach agreements without resorting to the courts. Sue has 30-plus years of experience in the field of family law, and since 2004, she has limited her practice to collaborative law and settlement advocacy. She was the first president of the Collaborative Law Association of the Rochester Area, and she has been an active member of the International Academy of Collaborative Professionals since 2001. In addition, Sue teaches beginning collaborative law and advanced skills courses.

Today, Sue sits down with Katherine to explain how she was introduced to collaborative law after two decades as a matrimonial litigator. She shares the attorney’s role as a constructive advocate in the collaborative divorce model, discussing her intention to make clients ‘feel safe at the table.’ Sue walks us through the benefits of involving a neutral in the collaborative process, be it a child specialist, mediator mental health or financial professional. Listen in for insight around the spectrum of options available to divorcing couples and learn how the collaborative process ensures that the lawyers won’t give up until an agreement has been reached.