Fam. Law Ch 13

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  1. 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
    • Privacy
  2. Contrast w/ Litigation
    • Slow process
    • Expensive
    • Inflexible
    • Somone ends up "losing"
  3. Settlement Conference
    • 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
  4. Mediation
    • Parties negotiate w/ the help of a neutral 3rd party/
    • Can be mandatory or voluntary
    • Mediator does not have to be an attorney.
  5. Successful Mediation?
    • Memorandum of Understanding
    • Separation Agreement
    • Can have partial agreement or none at all
  6. Shuttle Mediation?
    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.
  7. Divorce Arbitration
    • Similar to private judging
    • Neutral third party renders a decision
    • Blinding/Non-blinding
    • Appeals from this are limited
  8. Collaborative Divorce
    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.
  9. Parenting Coordination
    • 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
  10. Divorce Trials
    • Open to the public
    • Bench trials
  11. Separation Agreements
    • Court will look to see if its fair or one-sided
    • Usually approved
    • Approved = merged into dissolution decree and considered a court order
  12. Why go to trial?
    • Entrenched baragaining - not willing to compromise
    • Unrealistic expectations
    • Intimidation tactics
    • anger towards spouse
  13. Pretrial Conference
    • Parties:
    • 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
  14. Paralegal's Role in Trial Prep.
    • Research
    • Evidence is assembled (Testimony, witnesses-experts or lay)
    • Creating the trial notebook
    • Document creation and client notification
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Fam. Law Ch 13
2011-12-11 18:08:50
Family Law

Family Law Chapter Thirteen
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