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Benefits of ADR?
- Reduces cost (maybe)
- Saves time (maybe)
- Helps reduce emotional costs/less animosity
- Possibility of a win-win situation
- Better for the children
- Control over the process
Contrast w/ Litigation
- Slow process
- Somone ends up "losing"
- Meeting between the parties and their lawyers with goals to settle the case w/o court intervention
- Occurs anytime before the final hearing
- Successful = agreement
- Parties negotiate w/ the help of a neutral 3rd party/
- Can be mandatory or voluntary
- Mediator does not have to be an attorney.
- Memorandum of Understanding
- Separation Agreement
- Can have partial agreement or none at all
Parties, who have difficultly being around one another, meet separately at different times with a mediator. The mediator goes back and forth between the parties.
- Similar to private judging
- Neutral third party renders a decision
- Appeals from this are limited
the attorneys and clients to act as a team; removing the pressure of “winning” at trial. The attorneys and clients sign a “not to litigate”agreement and if there a failure to resolve the case, then the parties are required to find new counsel.
- Neutral 3rd party works w/ parents to help resolve disputes.
- Goals such as:
- establish & follow a parenting time schedule
- resolve & reduce conflicts over parenting
- decrease constant litigation
- Open to the public
- Bench trials
- Court will look to see if its fair or one-sided
- Usually approved
- Approved = merged into dissolution decree and considered a court order
Why go to trial?
- Entrenched baragaining - not willing to compromise
- Unrealistic expectations
- Intimidation tactics
- anger towards spouse
- exchange witness lists or when they will be
- disclose exhibits
- narrow the issues to be tried
- establish any issues that may need to be addressed beforehand
- establishes dates and times of important trial events
Paralegal's Role in Trial Prep.
- Evidence is assembled (Testimony, witnesses-experts or lay)
- Creating the trial notebook
- Document creation and client notification