Sentences with phrase «adversarial court hearing»

By definition, there are no contested court hearings in collaborative divorce where the attorney would be called on to zealously assert his or her client's position in an adversarial court hearing.

A father who wants custody of a child should consider mediation or arbitration, prior to undergoing an adversarial court hearing.

«For them, these brief orientations are the only knowledge they get before being thrust into adversarial court hearings.»

Not exact matches

@Circero an adversarial hearing in an administrative court, even if there is a prosecutor, is actually civil for the purposes of this question, so I'll consider it that way.

While he rarely finds himself in court, he often participates in adversarial proceedings like arbitration and administration hearings.

Interestingly, the Court of Appeal emphasized the Supreme Court of Canada did not intend exemption hearings to become an adversarial process:

Second, «[i] n a situation where no other well - informed party stands opposed, the presence of a tribunal as an adversarial party may help the court ensure it has heard the best of both sides of a dispute» (at para. 54).

The Court of Appeal determines it is appropriate to hear and consider the Province's first ground of appeal (that because the Chambers Judge's order restrains the lawful conduct of a government official, it is in the nature of an injunction and thus not available pursuant to s. 11 of the Crown Proceeding Act, R.S.B.C. 1996, c. 89), despite the fact that the matter is moot and the present appeal was conducted without an adversarial context.

While many courts are expanding the number and nature of non-adversarial dispute resolution services available, such as the family cases conferences provided by the Provincial Court of British Columbia or the judicial dispute resolution hearings available in the Alberta Court of Queen's Bench, adversarial procedures remain the dominant feature of the litigation process.

And, in almost all cases, court hearings are heated adversarial procedures where the goal is to «win» so that the other party «loses.»

The attorneys are contractually barred from engaging in contested court hearings or filing adversarial pleadings and motions, so no time or money is wasted on opposition research or trying to tear down the other spouse.

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.

At the very least, the Collaborative Process avoids time and cost - consuming litigation and adversarial proceedings, such as depositions, examinations of multiple expert witnesses, and the time consumed when attorneys have to be paid to wait for hours to be heard, as well as the court hearings themselves.

If you have been divorced or have heard about a nasty one, then I am preaching to the choir when I outline the emotional and financial devastation that can be wrought on emotionally vulnerable couples who get involved in the adversarial system that IS divorce court.

A litigated divorce is a complicated, adversarial legal process that involves lawyers, legal procedures, court hearings, settlement efforts, and maybe even a trial — which will pit one spouse against the other in a win - lose battle.