Lawyers and other observers agree that the coming years will see a dramatic increase in the number and complexity of trust and estate disputes. There are several reasons.
An Interview with Dr. Barbara Landau: The Evolution of Consensual Dispute Resolution (CDR) Part 2 of 2
In the second part, Dr. Barbara Landau shares her proudest accomplishment, the Domestic Violence Policy and her involvement with the peace movement in the Middle East.
Collaborative law is an impressive dispute resolution process that offers significant benefits for disputants in appropriate cases. In CL, lawyers and clients sign a four-way “participation agreement” promising to use an interest-based approach to negotiation and fully disclose all relevant information.
Over the past five years or so there has been increasing tendency in family law disputes to use a hybrid mediation-arbitration process. This brief paper will attempt to explain how mediation-arbitration (hereafter "med-arb") works: the initial arrangements, the process, the advantages and disadvantages.
An Interview with Dr. Barbara Landau: The Evolution of Consensual Dispute Resolution (CDR) Part 1 of 2
In this first part of the interview, Dr. Barbara Landau shares with us her experiences in Mediation cases.
Family Law practice has been subject to various significant trends and changes. Some of these trends have been positive, some neutral and some quite negative. Let’s examine some of the main ones.
There is a need for a complete review of how we are handling litigation in general and divorce cases in particular. The change that is called for lies in alternative dispute resolution such as mediation, collaborative law, and arbitration.
Among the many objections to Collaborative Law in general and the proposed Uniform Act in particular was the ethical questions raised by the practice of Collaborative Law in Divorce. Several cases have raised ethical warnings to attorneys who so enthusiastically are embracing collaborative law in divorce as the best thing since sliced bread.
Before mediators can help clients through the divorce process, we must ask ourselves what kind of help they need.
Under the model rules of professional conduct, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients’ informed consent to use CL.