In one of the earliest posts I did on this blog going back ten years or more, I posited that you can only really settle when the time is right and when both parties are ready. In fact, I felt then as I feel now, that you can make your best offer, if not an
Know Your Mediator
There is an old adage in litigation “know your judge.” Essentially what that means is that you should find out as much as you can about the judge you are appearing in front of both so you can try to understand what the outcome might be but more importantly, so that you can may a
Don’t Let Your Arbitration Agreement Bite You
You hear people talk all the time these days that mediation and arbitration, or quite frankly, any alternate dispute resolution (ADR) methods are the best things since sliced bread. They may very well be in the right case – which these days may be most of them given judicial backlogs, and other factors making presenting
Beware Legal Whack A Mole
Sometimes, instead of practicing family law, it feels like we are playing a game of legal Whack A Mole. You know what Whack A Mole is, right? For those who don’t, it is the carnival game where the player has a mallet and has to hit the mole that pops up. As soon as you
“Conscious Uncoupling”: An Ode to a Mediated Divorce
As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her website Goop.com and used the term “conscious uncoupling” to describe their approach to divorce. Although the term had been
The Expert Is Not The Quarterback: Don’t Let Them Stand in the Way of Settlement
In many cases, experts are a necessary, if not invaluable asset to have on your team. Often, they are not only needed to provide the necessary financial calculations (e.g. business valuation, calculating true income/cash flow, lifestyle analyses, tax calculations, alimony and child support scenarios, etc.), they can often help with the negotiation of issues relating
Judges Are Supposed To Decide Matters Ripe for Decision – Not Send It To Mediation – Shocking!?!
We have all had this happen. Letters get written back and forth to try to settle a matter and/or you just file a motion because the issue is clear based upon the law and the facts. Or, the parties, for whatever reason, just wont resolve an issue because one or both is being unreasonable. So
The Benefits of Mediation – Even If You Don’t Settle
Earlier today, Robert Epstein posted an interesting piece entitled The Psychology of Mediation. Whether people like it or not, alternative dispute resolution (ADR) is here to stay as the new norm. Court backlogs are long and trial dates are scarce, even when you want them. Moreover, the system is set up to have numerous
THE PSYCHOLOGY OF MEDIATION
At its core, mediation is designed to be a process by which parties reach an amicable agreement through compromise. This is what most litigants want, right? Avoid the fighting, along with the associated time and expense – sounds great. So what does psychology have to do with the mediation process? Well, it can truly mean
“Settlement Anxiety” – An Effective Tool or an Unfair One?
Recently, I was at a mediation where the mediator, when telling us his assessment of my client’s case, said that he was creating “settlement anxiety.” I had never heard this term but what I believe was meant was that the mediator wanted the client to have “anxiety” about his/her position in order to be more