I recently represented a client at mediation during which the parties were able to resolve virtually all of their issues, save for the Wife’s claim that the Husband should make a significant contribution to her counsel fees.
It was the Wife’s position that the Husband had run up her legal fees with multiple order violations,
Amicably settling your divorce matter is almost always better than taking your chances at a trial before a trial judge who knows almost nothing about your life. Not only can settling save you substantial time and expense as compared to continued litigation, but also it provides you with the opportunity to end the case on
I see it all the time. The fight rages on for the fight’s sake. Each party sure that they are right. Each party insistent that they must win. The lawyers pile on, adding fuel to the fire. Worse yet, some times this happens when the major issues are resolved and the battle continues because of
So often, parties go to court only to be told by the judge to “work it out.” It’s a strange phenomenon; after all, if the parties could “work it out,” why would they go to the trouble and expense of hiring lawyers, gathering proofs, preparing pleadings, and appearing in court?
We all know that one
“We can do this the easy way or the hard way.” I tried finding the movie that this saying came from but it is in many. For better or worse, this saying has become a recent mantra of mine – and not just with my kids. In practice, I often tell this to clients and
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
During the current football free agent season, you hear the pundits frequently say that if you get a free agent that you want to sign in your building, don’t let him leave without a deal. Why? You don’t want them to get wooed by some other team or have second thoughts. How does this apply
Passover begins this Monday night. It is the commemoration of Jewish liberation from slavery in ancient Egypt. Some call it the season of freedom; many believe that, with the thawing of winter and transition into spring, it is a time to reevaluate the direction of our lives and have our own personal exodus from those
Last year, I wrote on this blog about “How to Not Settle Your Case.” This case on the heels of several months of “interesting”, to say the least, negotiations on several matters which got me thinking about creating a list of things to do if you really don’t want to settle your case.
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, where cases with similar facts and circumstances, should resolve themselves based upon experience, statutes, case law, Guidelines, etc. In most cases, absent wide valuation disparities, esoteric