PREMIER LAWYERS OF AMERICA RECOGNIZES ANTHONY C. ADAMOPOULOS

Anthony C. Adamopoulos a Divorce Mediator and Collaborative Divorce Attorney of Topsfield has been nominated for membership in Premier Lawyers of America.

Nominated attorneys have been found to demonstrate the highest standards of excellence in the practice of law. Nominations are made by attorneys or by the Premier Lawyers of America advisory committee.

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ANTHONY C. ADAMOPOULOS AMONG TOP 10 FAMILY LAW ATTORNEYS IN MASSACHUSETTS

Topsfield divorce attorney and mediator Anthony C. Adamopoulos is pleased to announce that Attorney and Practice Magazine has ranked him among the top 10 family law attorneys in Massachusetts.

Attorney and Practice Magazine is a quarterly publication “addressing law firm management, attorney well-being, work/life balance, and the ever-changing technology that impacts a …practice.”  The List recognizes the significant achievements of those attorneys whose practice elevates the standards of the Massachusetts’ Bar.

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

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© 2019 Anthony C. Adamopoulos

 

Facing Divorce? Here are Some Basics…

By Attorney Anthony C. Adamopoulos – Collaborative Attorney, Divorce Mediator and Divorce Arbitrator

For those facing divorce, the summer is often a time of “thinking about it”.

Well, here is something to think about.

There comes a time when a person must stop looking to the past and begin to picture the future. If that future means divorce, then some real consideration must be given to moving into the future without needlessly spending monies that could be used for other needs.

Here are some basic suggestions:

  1. Join with your spouse in the joint self-serving purpose of “getting through this” by concentrating on the future. Because — when a divorcing party seeks to punish the other, everyone feels the pain.
  2. Consider avoiding the court process by using Mediation, Collaborative Divorce or Divorce Arbitration (see my website for more information on these dispute resolution procedures – DivorcingOptions.com).
  3. Recognize that options 1 and 2 may be difficult because the other spouse may be what professionals call “The Reluctant Spouse”. When this is the case, be sure the professional with whom you work is familiar working with and winning over The Reluctant Spouse.

Good luck,

Anthony 

© 2019 Anthony C. Adamopoulos

 

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

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#DIVORCE

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A Question Often Asked – Will I have to pay both child support and alimony?

By:    Anthony C. Adamopoulos, Divorce Mediator, Arbitrator & Collaborative Lawyer

Generally, alimony will not be granted where total family income does not exceed $250,000.00.

Over this amount, the judge first determines if there is a need for alimony. To do this, the judge considers the income of each party. (The person receiving child support includes it in their income. The person paying support deducts it from their income.)

The judge then determines the reasonable need of each party and if each party’s income covers need. Need is based upon the standard of living of the parties when they were living together.

If income does not cover need, the judge will try to divide the total income so that each party can meet their respective need. When there is not enough money to meet respective need, the judge will have the parties share the deficit. The judge will consider certain guidelines in doing this.

#DIVORCEMEDIATION
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#CHILDSUPPORT

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

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© 2019 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