136 Search Results for mediation

July 23, 2017

So You Have Your (Child Custody) Agreement: Now What?

...and tell the other side that one more violation will cause you to schedule mediation, which will cost you each $’s! If problems persist, activate the mediation provision”. Note: you will have to figure out the proper balance of patience, persistence, and action. The key is to act timely and appropriately at each step. And you will have to follow the right procedures to schedule and notice mediation. My best estimate is that out of 50 recent contem...

January 23, 2015

Digging Down – On Organizing and Preparing Your Case

..., “May I see your list?” because they know my client and I will show up at mediation armed with our lists, so we can check them off and not leave mediation without addressing every important issue. 23. Some clients never run out of questions. I answer them, but I also say, “Be sure to put that down on one of your “top ten lists”. 24. Remember, “object lists” are different. They are the people, documents, e-mails, texts, physical objects, places, e...

March 12, 2017

House Bill 2658: “The One Size Fits All, Children Can Go to Hell, Custody Law”

...force the mediation requirement. A relative few disputes are taken back to mediation. The system would work better if judges enforced the mediation provisions of parenting plans. The “Time with children” allocation is determined by many factors, but, the younger the child, the more the court tends to look at what the parents did voluntarily before the marriage or relationship failed. This is called the history of “caretaking functions”. By statute...

March 7, 2018

2021 Revised: Digging Down – On Organizing and Preparing Your Case

...“May I see your list?”, because they know my client and I will show up at mediation armed with our lists, so we can check them off and not leave mediation without addressing every important issue. Some clients never run out of questions. I answer them, but I also say, “Be sure to put that down on one of your top ten lists”. These “memory ticklers” are the checklists which help drive our preparation. They and the “puzzle pieces” merge to tell the s...

October 5, 2011

Divorce 101 Handout (October 5, 2011)

...hearing date. 9. Other judges issue their own preliminary orders, for pre-mediation screening, the temporary hearing time and date, etc. 10. Mediation is covered extensively in my blog. It is a “non-adversarial form of “alternate dispute resolution”. The mediator has received formal training, and must have extensive experience. 11. A temporary order is just what it implies. The court issues an order on temporary custody, child support, alimony, p...

January 18, 2011

What Does a Personal Injury Lawyer Do Anyway?

..., because if all efforts to settle with the adjustor, or in pre-litigation mediation, or mediation before trial fail, the parties must “roll the dice” before a jury, whose decision is usually sustained by the judge. It is a ritualized form of combat, our “adversary system”. Most people at that stage hope they have a skilled and experienced trial advocate. At that point, the lawyers who “cut up” on T.V. in order to draw customers may be less than c...

January 1, 2013

2013 New Year Resolutions

...far I am missing the point of that they are trying to present relative to mediation in the context of domestic violence and abuse. Very similar to the lack of focus of my guardian ad litem CLE training. I think we need much more consistency among “domestic violence”, “family law”, “juvenile abuse and neglect”, and “civil mediation”. They are four separate worlds. I sometimes feel I am the only guy with a hand or foot in each of these disparate wo...

January 24, 2018

A Personal Injury Glossary: Negligence, Insurance, and the Rest

...olution”. A search of my blog gets 92 “hits”: https://hunterlawfirm.net/?s=mediation . Mediation is supposed to be “non-adversarial”, but it can still be pretty intense. As a result, most people prefer experienced, innovative, and creative mediators, and most such mediators prefer to keep the disputants in separate rooms. Mediators are usually lawyers or retired judges but can be from other professions such as accounting or psychology or the minis...

December 28, 2021

Civil Litigation 101

...l matters, mediation is an invaluable “alternate dispute resolution” tool. Mediation is usually quicker and cheaper than a trial. For more information on this topic, you may search for “mediation” at www.hunterlawfirm.net/blog . Most of my personal injury matters don’t require me to file a suit, as I work with an insurance adjustor, but most family court matters start with a petition. I wish more people would come to be before it comes to that. Wh...

March 24, 2010

The Nuts and Bolts of Family Court

...have been filed, and to generate a scheduling order that usually includes mediation. 16. “Temporary Hearings” have been taking 6 to 8 weeks in the jurisdictions where I practice. This is the time when temporary custody is determined, child-support calculated, temporary alimony determined, possession of the house and cars awarded, and perhaps a restraining order. 17. People have found another “portal” into family court. This is the filing of a dom...