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
Continue Reading “Settlement Anxiety” – An Effective Tool or an Unfair One?
Use of Mediation as a Strategy
We have heard over and over that settlement ranks high in the public policy of this state and know from experience how the system is geared toward settlement. In particular,
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Are Court Appointed Experts Supposed to Try to Facilitate Settlement? If so, then when?
Very often, Judges will appoint their own expert to assist with their resolution of the case. Some times, a Judge will appoint their own experts right from the get go.
Continue Reading Are Court Appointed Experts Supposed to Try to Facilitate Settlement? If so, then when?
Enter the Realm of Reasonableness
Yesterday, I blogged about the illusory "final offer", noting that most cases settle. The reason for that is that there is a realm of reason, a range if you will
This Is My Final Offer, Except When It's Not
This is my final offer!!! Don’t you just love the ultimatum, the line in the sand, the threat of Armageddon if capitulation is not immediately at hand? I sure do. Is
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The Morning After the Divorce Case Ends – A Cautionary Tale
Following up on my most recent blog post discussing pressure tactics used by one spouse against the other to force an inequitable settlement, I wanted to focus on the example where one spouse tries to “get around” the lawyers to privately discuss settlement with the other spouse. In my prior entry, I noted that a financially superior spouse will often take this tack to impose his desired terms of settlement upon the other spouse. The day after the Court enters a Judgment of Divorce ending the marriage, the financially inferior spouse wakes up and regrets the deal she just made.
While I am not generally against the notion of spouses talking to each other in an effort to resolve their matter, the involvement of lawyers is key for conveying notions of what is fair or unfair. Here are a few questions that come to mind:
1. How do you know whether the alimony and child support are fair?
2. How do you know whether the equitable distribution is fair?
3. How do you know what is an appropriate custody and parenting time arrangement?
4. How do you know what you are entitled to under the law as a spouse, parent and litigant?Continue Reading The Morning After the Divorce Case Ends – A Cautionary Tale
Under Pressure – What Do You Know?
All too often one spouse will pressure the other to settle an ongoing case, using finances, custody, or some other issue to force an inequitable end to a matter. This
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What Purpose Is Served By Telling Your Client What They Want to Hear (As Opposed to the Truth)?
I had a case recently where we had a conference call with the judge during which time, a discrete issue holding up resolution of a larger issue was discussed. The
Creating "Settlement Anxiety" at Mediation – Is It Fair When One Party is Acting Unreasonably?
Last year, I blogged on this topic after I was at a mediation where the mediator, when telling us his assessment of my client’s case, said that he was creating "settlement
"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
Continue Reading "Settlement Anxiety" – An Effective Tool or an Unfair One?