You aren’t legally obligated to hire your own divorce lawyer just because your spouse did, but going up against a professional legal expert on your amateur own could be a bad idea.
I’ve only seen a few cases diverted to arbitration in my 12 year career, each of them were post-divorce enforcement or contract interpretation disputes. All of them elected for binding arbitration and each decision was made either prior to, or just after litigation had been initiated. And by the decision, I mean the decision to […]
Mediation is what most people think of when they hear the term alternative dispute resolution. In its most general terms, it’s a meeting attended by your ex, or soon to be ex spouse, each of your respective attorneys, and a neutral trained mediator or facilitator to explore possible resolutions to your disputed issues. How the […]
Sometimes we get appointed by judges in our county to actually conduct mediation. Sometimes lawyers independently of the court system agree on the selection of a mediator and there are times that I’m selected by my colleagues to mediate a case. Mediation is an interesting phenomena. If it’s not properly handled and the parties are […]
It’s good to mention arbitration. It’s another out-of-court method, but it does operate a little differently. Arbitration is much more formal than mediation and it can be binding or not binding. Both parties must agree to arbitrate, and they select an arbitrator who will hear both sides and then render an actual decision much like […]
Nobody wants to go through a divorce filled with accusations and disagreements. Unfortunately, in some cases, a divorce can go from amicable to ugly really quickly.
The first thing I would do, if it was my client that had the child, is encourage them to get the child into counseling immediately to find out what’s going on. Second of all, I would then encourage them to include the other parent in the counseling with the kid so you can find out […]
Many retired judges in the U.S. and Canada claim to offer mediation services but are actually doing something very different from true, ethical mediation. This confuses divorcing couples about the valuable service that real mediators provide.
Can you mediate a case where there are major power imbalances between the couple or where there’s been domestic violence during the marriage?
In collaborative law, it’s working with the parties – almost like mediation with lawyers except that you’re putting everything on the table the same way. In court, you have to go through a lot more different steps – you have to do discovery, you have to do all the paperwork, and reviewing all the paperwork […]