Elena Greenberg

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After over 11 years of experience as an attorney, I know that trial rarely accomplishes true resolution and certainly not peaceful resolution.  Trial is rarely the best or only option.  When you go to trial a judge, whose knowledge of you consists only of exhibits and testimony, decides many important things about your future.  In my experience, absent some insurmountable issues, often people end up going to trial because they want to be heard.  They want a judge to hear how horrible the other party is, they want a judge to tell the other party that they are wrong.  That is not what really happens in trial.  What really happens is that a judge considers the exhibits, testimony, and arguments of both parties and then makes his or her best judgment on what an equitable order will be.  Why not make a good faith effort at mediation first?  

It may be that you want the house because it has sentimental value to you, and you cannot fathom moving away and living anywhere else.  The other party may want the house because he or she believes that selling it is the only way they will be able to move forward financially. 

 

In mediation we can look at why each party wants the house and come up with creative ways to accomplish what both parties want.  For instance, we can come up with a plan where you keep the house and the other party receives a more liquid asset that will better help them move forward financially.  At trial a judge may decide that if you and the other party can’t agree on who should retain the house, then the best course of action is that it should be sold and the proceeds split equally.  You lose because you wanted that house, not some other house or the money from the sale. 

 

The other party also loses because selling the house will cost you both fees that will lower the actual amount each of you retains and selling it can take a long time, leaving the other party with no financial means to move forward in the short term.  

I pride myself on taking the time to listen to each party deeply and without judgment so that I can help you find creative solutions.  I look forward to working with you and I thank you for coming to Goldfinch Mediation!

The first thing I want you to know about me is that I care about helping you reach a peaceful resolution to your legal issue. Good agreements can foster cooperation and good will. 

A good agreement can establish the boundaries of what will be your new normal. It can make it easier to

co-parent, easier to divide property, easier to navigate the road ahead, and easier to move forward.