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Mediation and Arbitration of Temporary Orders in Divorce by Howard Goldstein, Mediator and Collaborative Divorce Lawyer
For some time now, from time to time, I have sat in Family Court and watched as the ‘Motion Session’ played out. Litigants waiting, sometime for hours, to get “five minutes” to argue, for example, why Plaintiff needs “support” and why Defendant believes Plaintiff should not get the support. Or perhaps, mother and father have taken…
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“Who does court trials anymore?”
By Anthony C. Adamopoulos (© 2015) So the city-attorney and the country-attorney were talking when the country-attorney raised concerns about her upcoming divorce trial: Country-attorney: – I hope we get the scheduled judge, I hope it goes off as scheduled, etc., etc. City-attorney: -Who does court trials anymore? Country-attorney: What do you mean? What do…
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HOW TO USE DEADLOCK ARBITRATION
PART TWO 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…
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WHY CONFIDENTIAL DEADLOCK ARBITRATION?
PART ONE 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…