Practice Philosophy

The ability to obtain results for clients in a multitude of processes, including litigation, is the foundation and practice philosophy of Skirbunt & Skirbunt, LLC.

Our practice philosophy is grounded in the recognition that, while we have been successful litigators for over three decades, there is a better, more client-centric practice model -- one which gives clients a choice as to how they go through the restructuring of their family.

It is an evolutionary approach, incorporating the best of various proven processes in a way that allows customization to meet the circumstances of each particular family: to select negotiation models and dispute resolution mechanisms in advance; to help ensure privacy; and, to move all parties toward wiser settlements and better outcomes.

Any client may select litigation to end his or her marriage. We are all experienced trial lawyers, having represented high-profile clients in litigated matters. What makes us unique, however, is that we provide our clients with choices as to processes other than litigation. We know, as lawyers, that the vast majority (as high as 98%) of all family law cases settle prior to trial, which means that, at some point a negotiation will break out. If it can occur sooner rather than later, it does not have to be delayed by a year or more of contentious and costly litigation.

More importantly, courts have objective criteria for measuring outcomes, which is only one measure of fairness among many possible outcomes, and which may not have much applicability to a specific family situation. Issues such as risk tolerance, sustainability, lost value, liquidity discounts and tax effects are extremely important in terms of what may be truly fair and appropriate in meeting the real needs of a family.

When it comes to complex issues, the court can be a very blunt instrument. Rarely will the court be able to resolve complex issues with creativity. In the conference room, however, all possible outcomes are available. As a result, alternative processes to litigation can produce much more unique and dynamic settlements.
 

Mediation Collaborative Divorce Cooperative Divorce Litigation