The word
"adversarial" means being in opposition or conflict with someone or something.
Full definition
The theme of these posts has always been that the classical
adversarial system of resolving civil disputes is tested and true.
The parties expect to agree eventually, most likely before reaching the courtroom or engaging in other
adversarial processes.
Collaborative professionals in a collaborative case may not participate
in adversarial proceedings in court involving those parties in the engagement.
I do agree that homebirth will be much safer with a less
adversarial relationship between homebirth midwives and doctors, but ending that (IMO) also depends on more competent midwives.
The best way to really stay out of court in a way that avoids the drama and
adversarial nature of court proceedings is in collaborative law proceedings.
One of the challenges is to persuade lawyers to switch from their traditional
adversarial approach in court and instead work openly as part of a team.
Will you drag the children through a custody battle or can both parents agree to resolve differences in a
less adversarial legal process like collaborative divorce proceedings?
More and more people are deciding that they want to avoid the
traditional adversarial divorce court system and instead handle their family law matter privately and respectfully via the collaborative process.
By the end of the harassment, very few victims have the capacity to withstand any sort of
adversarial legal process, have no finances to speak of and have been completely destroyed.
This can make it more difficult for couples to reach agreement, because lawyers tend to establish a
more adversarial approach to divorce.
One important goal of the Collaborative Process is to help parties avoid going to court
for adversarial hearings and trials, and to avoid contentious litigation generally.
These alternatives to the traditional litigation and
adversarial model for divorce have been around for decades and have been gaining in popularity over the last 10 years.
At least in
adversarial setting, what if each party had to be represented by a lawyer of the others choosing?
Will you fight it out
through adversarial litigation, or can you set aside personal feelings long enough to negotiate outside of court?
Collaborative Family Lawyers give you expert legal advice, just as traditional
adversarial lawyers do.
A conventional separation or divorce process is based
on adversarial principles, regardless of the lawyers and / or parties having the intention of being cooperative.
Focus on increasing cooperation, not on yourself and your own ambitions, and
avoid adversarial relationships with others.
At the same time, we must recognize that we are not exclusively
taking adversarial positions.
But this is not the goal of divorce mediation - the goal is to help people make the decisions for their divorce in the least
adversarial manner possible.
It even tends to be less stressful and expensive than
adversarial negotiations with each party having a separate lawyer with months of discovery, communications, and a series of proposals and counter proposals.
Collaborative Divorce is a way of reaching resolution with the parties by the attorneys for both parties using cooperative strategies rather than
adversarial techniques and court proceedings.
Mostly the researchers are exposed as doing what they are supposed to do: engaging in an
often adversarial process to arrive at the truth.
As a lawyer, I recognize and most lawyers would agree that the full - blown process of
adversarial trial is very expensive.
As for what goes on inside it, the great
adversarial parties which in my time still reflected the ancient divisions of our people, have both died.
While divorce coaches are most typically used in Collaborative Practice, I have had a great deal of success incorporating coaches in mediation or
even adversarial litigation.
And unless the attitudes and behaviours of states and territories change, the system will likely remain
highly adversarial in nature.
I strongly believe that the traditional
adversarial courtroom divorce is destructive to families, and so I am a strong proponent of the private, respectful collaborative divorce process.
By filing, you and your spouse state that you agree on all matters and there is no need for
adversarial action.
I'm going to make sure the site is secure and safe so that
such adversarial conversations won't occur.
Of course, we are careful to also screen for a demonstrated ability to participate in
adversarial conflict resolution.
Either way, you'll be savings yourself at least $ 20,000 in the process and ending up with the exact same result had you gone the more
adversarial route.
Phrases with «adversarial»