A practicing mediator and retired judge explains why mediation may be a better option than litigation for high-conflict divorce cases.
Non-attorney divorce mediators bring a true sense of neutrality and desire for a peaceful resolution to divorce mediation, but their talents are complemented by legal advice from a family law attorney.
Divorce co-mediation is a viable alternative to litigation for clients who want to avoid the rigidity, stress, and confusion that can be associated with traditional negotiation tactics.
By T.E. Cauthorn: Save your clients’ money and insist that your suggested language be inserted into the mediated agreement.
Lee Hornberger reviews appellate cases in Michigan concerning arbitration and mediation.
Mediation is a mindset to share and succeed, not divide and conquer.
By T.E. Cauthorn: Choosing mediation is a step towards what could be a quicker, cheaper divorce settlement, but still requires just as much preparation on your part as litigation does.
By Helen Stein: For family lawyers, adding pro se mediation to the menu of services they already provide is a smart business decision that can also be fulfilling and rewarding.
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.