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.
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.
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.
Before mediators can help clients through the divorce process, we must ask ourselves what kind of help they need.
If you think you're going to be in a difficult situation, remind yourself of these two steps before you start talking. And if you're in the middle of an argument, you can always shift to this approach.
In few other areas of law do the parties to a lawsuit share as intimate a knowledge of each other as do those in a divorce case. In addition, in few other areas of law will the parties have an ongoing relationship with each other after the lawsuit is completed.