Tag Archive for: unbundled legal services

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Interview: Mosten on Peacemaker Practice Self Survey

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I recently had the opportunity to interview ADR legend Forrest “Woody” Mosten.  Woody has been on the forefront of Mediation and Collaborative Practice and is the founder of Unbundled Legal Services.  Woody also happens to be a friend and mentor of mine and my co-author of “Building A Successful Collaborative Family Law Practice” published by the American Bar Association in 2018.  You can find the video below.

You can find the Peacemaker Practice Self Survey reproduced below.

PEACEMAKER PRACTICE SELF-SURVEY

Forrest S. Mosten and Kevin Scudder[1]

Peacemaker Professionals are lawyers, mental health professionals, and financial professionals who deliver services to clients in a number of roles: Advisor, Information Provider, Organizer, Legal Counselor, Mediator, Evaluator, and other forms as service-provider.

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Filling Out Florida Divorce Forms

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If you have ever tried filling out Florida divorce forms on your own, you know how difficult it can be.  Just the titles are confusing:  Petition for Dissolution of Marriage, Financial Affidavit, Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.

And yet, you may not be able to afford a full-service lawyer to help you out.  Fortunately, you do have an option.

Unbundled Legal Services

Most people going through divorce do not know about the option of unbundled legal services.  This is an option where you can retain an attorney on an a la cart basis to help you with discreet tasks.  For example, you may need help answering a petition, ghost-writing a letter, or figuring out how child support guidelines work.  Lawyers who provide unbundled legal services will oftentimes require a much-reduced upfront retainer and may hold a credit card number on file to charge on a pay-as-you-go basis.

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1996: Woody Mosten on the Future of Family Law

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On September 6-7, 1996, the Creative Lawyers Meeting convened.  The meeting was attended by Lowell Halverson; Stu Webb (founder of collaborative practice); Forrest (Woody) Mosten (founder of Unbundled Legal Services and author of various books on mediation and collaborative practice); Jody Mosten; Bill Howe; Ed Sherman; Cheryl Woodard; Susan Cameron; Ed Cameron; Carol Farr; Peggy Williams; and Hillis Williams.

During this meeting, Woody discussed his view of the future of family law.  Below is a transcript of the notes describing Woody’s vision, lightly edited for clarity:

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Mosten: Is Your Divorce Lawyer Informing You?

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If you are considering divorce, you likely think that whether you can have an amicable or collaborative divorce depends wholly on your spouse.  Certainly, the attitude and ability of your spouse to compromise has an effect, but in my experience the attorneys that you and your spouse choose has a much bigger impact.

Beginning A Litigation Divorce

If you and your spouse choose attorneys whose primary orientation is litigation, then there is a good chance that you will face a court battle.  Your litigation attorney will likely draft a petition for dissolution of marriage asking for everything, and then have a process server or sheriff’s officer serve your spouse.  These tactics are all intended to intimidate your spouse and get them to submit.

It should be no surprise that this usually elicits the opposite of the intended response.  Not willing to submit, your spouse hires a “bulldog lawyer,” and the battle is on.  Say goodbye to your children’s college saving.  Know that this money will now be going to your lawyers’ children’s college tuition.

Fortunately, there is a different way.

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Woody Mosten And Peacemaking Practice Trainers

Video: Woody Mosten Addresses Association for Conflict Resolution

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Forrest (Woody) Mosten has been on the cutting edge of the law since the 1970s.  He has been a pioneer in the fields of unbundled legal services, mediation, and collaborative practice, and he has also authored the following books on these topics (you can order them here):

  • The Complete Guide to Mediation: The Cutting-Edge Approach to Family Law Practice (2d Edition, ABA, 2015) (with Elizabeth Scully)
  • Collaborative Divorce Handbook: Effectively Helping Divorcing Families Without Going to Court (Jossey-Bass, 2009)
  • The Mediation Career Guide (Jossey-Bass, 2001)
  • Unbundling Legal Services (ABA, 2000)

In 2011, Woody keynoted at the Association of Conflict Resolution.  You can find the video from part of the speech below:

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Limited Representation: A Cost-Effective Family Law Option

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As the economy went south, everyone sought options to trim his or her budget.  Some people skipped Starbucks and began brewing their own coffee.  Others found creative ways to recycle their grocery bags.  Still others completely transformed their driving habits to achieve better gas mileage.  But one pronounced trend in the legal community has been the amount of people who decided to represent themselves in family court.

Unfortunately, there are often consequences to a party’s decision to save money and appear pro se (represent him or herself).  I have had many litigants come into my office after attempting to proceed with no legal counsel and finding that (a) their case had been dismissed or they face contempt of court because they did not follow proper procedure, (b) they wasted their hard-earned dollars on unnecessary fees and “money saver” programs that became obsolete once the opposing party began contesting the matter, and/or (c) their case has dragged on because they did not know how to bring their matter to conclusion.  But, alas, not everyone can afford an attorney to fully represent them.

Thankfully, Florida Family Law Rule of Procedure 12.040 provides a cost-effective option:  limited representation, also known as unbundled legal services.

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