The litigation process – Part three – Settlement
Strength Of A Giant, Heart Of A Neighbor – Your San Antonio Law Allies
The litigation process – Part three – Settlement
On Behalf of Kevin E. Sralla | June 3, 2022 | Blog
In the litigation world, compromise is not always a dirty word. Of course, there are times when an attorney must stick to his or her guns and “go to the mat” on an issue, but more often than not, we are called upon to find middle ground to make the best possible deal for our clients, while avoiding the gamble of leaving matters in the hands of a judge or jury. This is the settlement world.
Settlements can arise by way of the informal negotiation process (two opposing attorneys working out a deal for their respective clients), or through formal mediation, utilizing the skills of a neutral mediator to bring the parties together. Settlement can happen at any point up until a jury renders its verdict or until a judge issues a judgment. Thus, many cases are literally settled on the proverbial courthouse steps.
It is always a good idea, after filing suit, to develop a dialogue with the other side. It is my practice to contact opposing counsel early on in every case and gauge the distance between the parties’ positions. Most times, if the distance between the parties is not that great, it is helpful to float a proposed final order to the other side and give them an opportunity to respond. This puts everything in writing and helps everyone to see that an accord may not be that far off. It can also motivate all parties to put what may be a painful matter behind them and focus on getting on with their lives.
When matters are a bit more complex, or the gulf between the parties’ positions is vast, it usually makes sense to engage in the mediation process. Formal mediation involves the services of a paid mediator to assist in resolving the dispute. The mediator is a neutral attorney who speaks with both sides and delivers offers and counteroffers between the two camps.
At mediation, the two camps set up shop in different conference rooms. The mediator floats back and forth delivering settlement news, assessing the strengths and weaknesses of each side’s positions and attempting to lead each party to middle ground. It is often said that a successful mediation leaves both sides feeling initially like they gave too much, but finding in the long run a favorable deal. Any way you cut it, however, settlement offers an attractive alternative to rolling the dice at trial and leaving a client’s fate in the hands of what could be a fickle jury or judge.
Please contact Kevin “Buck” Sralla at (210) 212-5656(210) 212-5656 for a consultation regarding your divorce today.
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Frequently Asked Questions
How Much Does A Divorce Cost In San Antonio?
A divorce case can cost anywhere from $2,000.00 to $10,000.00 and up in San Antonio. This price range typically varies based on the complexity of each particular case, the extent to which the matter is contested, the aggressiveness of the family law attorneys involved, whether a jury trial is requested and many other often unpredictable factors.
Where Do I Go For A Divorce?
If you hire a family law divorce lawyer, your lawyer will file your divorce petition electronically. If you are filing your divorce without the help of a family law attorney, you can do so at the Family Law Staff Attorney’s Office at the Bexar County Courthouse, 100 Dolorosa, San Antonio, Texas 78205.
How Much Does It Cost To File For Divorce In San Antonio?
A divorce without children typically costs around $350.00, while a divorce involving children typically costs about $401.00. These costs vary from county to county.
What Is A Spouse Entitled To In A Divorce In Texas?
Either spouse is entitled to a just and right division (roughly 50%) of the community estate and, in certain extreme cases, a disproportionate share (greater than 50%) of the community estate. This includes all assets acquired during the marriage, but does not include a spouse’s separate property.
How Do I Get A Divorce With No Money?
Getting a divorce with absolutely no money is difficult but not impossible. The party seeking to file for divorce can visit the Family Law Staff Attorney’s Office at the Bexar County Courthouse to obtain a packet of information to assist in preparing and filing the paperwork for starting a divorce case. The filing fee can be waived if the filing party prepares an affidavit of indigency declaring that he or she has no money. Another alternative is to seek free legal aid or the assistance of a pro-bono lawyer.
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