Michael T. Hagelberg

I assist people going through some of the most difficult transitions in their lives. My pledge to each client is to treat them with respect and understanding and to be available for them to discuss their options and concerns.

I have been spent the majority of my career in Family Law. I have developed my skills as a litigator and as a Collaborative attorney. Wherever possible, I recommend using Collaborative Law to resolve disputes.

My practice also includes real estate transactions, preparation of wills and estate administration.

Collaborative Law: because „winning at all costs” may be exactly that…

As a Collaborative attorney, I work with people going through separation and divorce to resolve disputes respectfully without going to court. We focus on solutions that provide a lasting agreement that considers the needs of the entire family.

Collaborative Law is a process for settling family disputes with the help and guidance of attorneys but with an agreement not to go to Court. The parties agree to resolve their differences in an honest and dignified manner that remains private and confidential.

The parties do not have to give up control of their lives to a court system. Instead of spending the first six months of the case focusing on finding fault with the other and becoming more polarized, Collaborative Law sets aside the recriminations and starts working on a creative settlement of the financial and family issues for the parties and their children.

Collaborative Law is cost effective because the energy is directed toward a settlement instead of getting further polarized by the adversarial court system.

Collaborative Law provides the parties with two attorneys who are working toward conflict resolution rather than adversarial victory. The attorneys are present to give advice to their clients and also to provide structure and predictability to the conferences.

Litigation

I have tried cases in Supreme Court and argued appeals in The Appellate Division for over 25 years. When cases are tried before a Judge, the experience of the attorney and the intense preparation can help present the information a court needs to make the proper decision

The most important skill as a litigator is to listen. By understanding the needs of the client and the other party, it is possible to avoid costly and destructive litigation.

When necessary, the courts are a useful tool for resolving disputes. The input from an experienced Judge may help people resolve disputes before they are fully litigated.

Most cases are settled. Only two or three percent of the cases that are litigated ever go to trial. The court system has a series of pre-trial conferences and discovery procedures to illuminate issues and give parties an opportunity to reach agreement. In my opinion, if a case reaches trial it is the result of a failure of five people, including the litigants, the attorneys and the Judge.

I will work with you to obtain the best possible result.

Articles

As a columnist for the Daily Record, I have written articles on the Collaborative Law process. My articles are listed on the Publications page.