FACING DIVORCE AND CANNOT AFFORD A DIVORCE LAWYER…

…USE LARLIMITED ASSISTANCE REPRESENTATION

LAR lets you hire a specially trained and qualified LAR attorney to help with some of what you must do if you represent yourself, pro se.

You Can Hire an LAR lawyer:

  • to go to court with you just one time, or as many times as you want;
  • to write an Answer, Motion or Pre-Trial Conference Memo;
  • to explain things you do not understand;
  • to help you prepare your Financial Statement.

LAR lets you buy from an LAR lawyer simple fill in the blank forms:

  • Motions for Child Support
  • Motions for Child Custody
  • Answers to Complaints
  • Many More

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES

  FULL LAR SERVICES

(978) 744-9591

ACABOSTON@AOL.COM

©2018 Anthony C. Adamopoulos

What is the Difference Between Divorce Mediation and Collaborative Divorce?

By Anthony C. Adamopoulos, Divorce Mediator, Arbitrator and Certified Collaborative Lawyer

MEDIATION is an independent, voluntary, confidential process conducted by a mediator, who is neutral. Attorneys are not required. The mediator will:

  • Assist you and your spouse in identifying those issues preventing settlement.
  • Explore various avenues to resolution.
  • Develop a settlement resolution acceptable to you and your spouse.
  • Will prepare a Separation Agreement for presentation to the Court. (Only mediators who are attorneys may draft Separation Agreements.)

The two of you will select the mediator. The mediator’s fees will usually be split between the two of you, however, the two of you may agree to a different responsibility for the fee.

The major benefits of Mediation are:

  • The mediation is private.
  • The mediator will provide all the time you and your spouse need to work on a resolution.
  • Experienced mediators have settlement rates of between 85% and 97%.
  • An attorney need not be present at mediation sessions.

In COLLABORATIVE DIVORCE, you, your spouse, your Collaborative lawyers and Coaches make up the Collaborative Team. The Team has one goal, the quick and efficient resolution of all issues without trial litigation.

Coaches make your divorce process efficient and usually less expensive. The most common Coaches are the Facilitator and the Financial Neutral. The Facilitator expedites the process by helping you and your spouse identify term goals and overcome inter-personal roadblocks. The Financial Neutral expedites the process by analyzing the financial needs of your family, identifying tax provisions related to those needs and creating realistic plans to preserve family income and property. Coach hourly fees are often much lower than attorney hourly fees.

In Collaborative Divorce, attorneys are specially trained and certified.

Your Professional Collaborative Team will:

  • Identify issues regarding the children, support and property division that are preventing resolution.
  • Divide primary responsibility for resolving those issues. For example, issues dealing with the children will be addressed primarily by the Facilitator Coach; issues about the amount of support needed will be addressed by the Financial Coach.
  • Have the required Separation Agreement, Petition for Divorce and Affidavit prepared, executed and filed.
  • Have your attorneys accompany you to the Probate and Family Court for your divorce hearing before a Judge.

The major benefits of Collaborative Divorce are:

  • From beginning to end, you are with and “supported” by a team dedicated to getting you and your spouse divorced quickly and efficiently.
  • All issues are dealt with and resolved in confidential sessions.
  • Your attorneys handle all the administrative court matters to get your divorce papers filed, docketed and scheduled for a hearing.
  • At your divorce hearing your attorneys will respond to questions of the judge, thereby avoiding rescheduling of the hearing because you did not have an attorney to correctly answer questions.

©2018 Anthony C. Adamopoulos

Divorce Arbitration is the Way to Go! So……

A decision of our Appeals Court, Gravlin v. Gravlin, is helpful for those facing divorce.

For collaborative divorce attorneys and divorce mediators, the decision confirms that arbitration is the viable alternative to court litigation for resolving a single issue or even taking the place of a full court trial.

In Gravlin, the Appeals Court acknowledged “… arbitration has long been recognized as a valid means of resolving disputes between divorcing parties.” This Blog has often praised the value of arbitration as an alternative to divorce litigation; with Gravlin, the Appeals Court stamped an imprimatur of sorts on divorce arbitration.

While arbitration is available to replace a public court trial, it is also available if collaboration or mediation reaches a deadlock (a stalemate on one or two remaining issues); then, it is time for divorce arbitration.

When parties follow a simple process, the Appeals Court promises a “… strict standard of review [that] is high[ly] deferential…” to an arbitration award.

What does the simple process involve? The simple process requires that:

  • Respective counsel advise each party.
  • Parties freely enter an Agreement to Arbitrate.
  • Parties knowingly waive a court trial and submit to arbitration.

If there is any trial court review of an arbitration award, the review will be limited to determining:

  • The arbitrator’s award was confined to what he/she was asked to decide;
  • The award did not give relief that is prohibited by law;
  • The award is not based on fraud, arbitrary conduct, or procedural irregularity in the hearing.

(In my experience, the selection of an experienced, knowledgeable arbitrator will result in a positive review and enforcement of the award.)

For collaborative attorneys and mediators, Gravlin is another reason to recommend arbitration for settlement stalemate.

For parties facing divorce or divorce stalemate, arbitration is an alternative to a costly, lengthy and publicly litigated trial.

*Anthony is a divorce arbitrator, collaborative attorney and divorce mediator. His office is in Salem.

© 2016 Anthony C. Adamopoulos

 

HOW TO USE DEADLOCK ARBITRATION

PART TWO

STALEMATE - RAM HEADS

For PART ONE – WHY CONFIDENTIAL DEADLOCK ARBITRATIONsm

Making the decision to arbitrate:

  • Deadlock Arbitrationsm can be used to resolve deadlock arising out of the Collaborative or Mediation process.
  • After deadlock, attorneys discuss arbitration with their clients. Pro se litigants discuss arbitration between themselves.
  • If all agree, an Arbitration Agreement is executed.

The basic arbitration agreement provides for:

  • Confidential and private proceedings;
  • Discretion;
  • Issue selection and limitation;
  • Binding awards (there may be a high/low agreement);
  • Any other provision agreed upon;
  • The admission of all evidence which is then given the weight determined appropriate by the arbitrator; and
  • The time and location for the arbitration hearing.

Benefits of arbitration:

  • Provides privacy – for example, hearings are not open to the public.
  • Provides confidentiality – for example, testimony and documentary evidence are not available to the public.
  • Avoids unnecessary costs – for example, affidavits may be used instead of in person expert testimony.
  • Avoids unnecessary delays – for example, there are no unexpected court like delays.

Points to consider:

  • Speed – hearings can be scheduled within days and decisions awarded within weeks.
  • Single issue determination – arbitration can be used to resolve only one issue, e.g., the final “sticking point”.
  • Arbitration awards are generally not subject to appeal.

 

WHY CONFIDENTIAL DEADLOCK ARBITRATION?

PART ONE

CAT & DOG - STALEMATE

 

What is Deadlock Arbitration?

Deadlock Arbitrationsm   is a private confidential process that avoids the need to “change over” to public court litigation when divorce mediation or Collaborative Divorce reaches a total breakdown.

What causes deadlock?

Deadlock results from a party refusing to move from a position. For example, consider this scenario:

After negotiating for a period, all issues have been resolved, except for one – the wife’s recent inheritance from her father’s estate.

The wife says, it is hers. The husband says, he wants his share.

Neither party will compromise. They are deadlocked!

A lot of pain and effort went into getting agreement on everything but this one issue.

Think about it! Only one issue prevents a resolution.

Do the parties now have to leave Mediation or the Collaborative Process and go into court litigation?

N0.

How does Deadlock Arbitrationsm work?

In Deadlock Arbitrationsm, the parties “hand pick” an arbitrator to decide the one issue.

“Their” arbitrator travels to a location selected by the parties. There, in a confidential format, totally designed by the parties (with the help of their respective attorneys or their mediator), the arbitrator listens to the presentation of each side.

The arbitrator, within an agreed upon period, makes a decision on the deadlocked issue and the parties move on.

See Part Two  for:  HOW TO USE DEADLOCK ARBITRATIONsm