Mediation, Arbitration and Collaborative Law

Resolving Your Maryland Divorce or Custody Issues Out of Court

Mediation
Collaboration
Arbitration
When Does Litigation Make Sense?

The idea of litigation can be tempting. Get even. Have it your way. Make the other person squirm. The problem is, hashing it out in court rarely turns out the way you envisioned. Even if you win, the typical result is: drained assets from legal expenses, strained relations with your ex, and emotional scars on your children. If you lose, you must live with a "solution" imposed by a judge.

At Steven J. Gaba, Attorney and Counselor at Law, I focus first on alternatives to litigation. If you can maintain an open mind to resolving issues in a constructive manner, and work out a divorce settlement and/or custody agreement, it's almost always better for all in the long run.

Contact my Rockville, Maryland office today at (301)-738-7770 to explore alternative dispute resolution of your family law issues. I represent men and women, divorcing or never married, of Bethesda, Chevy Chase, Potomac and throughout Montgomery County.

Mediating your divorce or custody dispute involves working out an agreement through a neutral third party. Mediation is non-binding. I serve clients in two ways:

• Acting as your mediator. I am certified to act as a mediator, and skilled at keeping the focus on mutual agreement and windows for compromise.
• Advising clients who are entering mediation. The downside of mediation is that you are on your own once you step into the room, and it's not always a level playing field in there. I fully prepare clients for the process, helping you identify your core goals and negotiable issues, and how to stand your ground.

In collaborate divorce or collaborative family law, you sign a formal agreement not to litigate. This enables both parties to speak freely and work out their differences. It also streamlines the process and may significantly reduce legal costs. Unlike mediation, I am at your side during the negotiations to problem-solve and protect your interests.

Collaboration should not be entered lightly. If it breaks down and you decide to litigate after all, your collaborative law attorney cannot represent you in court. You would have to hire new counsel. In most cases, without the threat of litigation, a workable settlement is achieved if you both enter in the spirit of resolution.

In litigation, you are putting decisions about your life and your children in the hands of a judge who knows nothing about your family. Judges have large dockets of cases, and often they are either new to the bench or did not have significant amounts of family law experience before becoming judges.

Arbitration is a similar process to in-court litigation presenting testimony to an arbitrator whose ruling is binding. I am at your side to advise and make arguments on your behalf. The difference is that you essentially pick your own judge - one who is experienced in divorce and custody issues and who can make informed decisions in cases with complex marital assets. Arbitration may be less costly than traditional litigation. Additionally, because arbitrators are not bound by the court's days and hours, scheduling will be more flexible and efficient.

I have 15 years of experience as a family law attorney, including representing clients in many divorce trials and custody proceedings. I will fiercely represent you in court when litigation is advisable or unavoidable:

• The other party is unresponsive, or refuses to negotiate
• There are allegations of domestic violence
• There are complex legal issues requiring a judge's ruling

Let's Explore All Your Options

I invite you to arrange a consultation to discuss alternative dispute resolution in your family law matter. Contact me online or call my office at (301)-738-7770 to arrange a consultation. I accept Visa, MasterCard, American Express, and Discover.

Steven J. Gaba, Attorney and Counselor at Law

200 A Monroe Street · Suite 200
Rockville, MD 20850
Tel: 301.738.7770
Fax: 301.738.7771
E-mail