Evidence shows that where children are consulted during the mediation process, there are a number of advantages, thus it can be argued that mediation is better for
children than litigation.
The lawyers surveyed said that mediation, collaborative negotiation and arbitration are more likely to produce results that are in the client's interest and in the interest of the client's
children than litigation, at a lower cost and in half the time.
Not exact matches
By extending school districts» obligation to pay for private school placements until all appeals are exhausted, the decision creates an incentive for parents to prolong
litigation rather
than to work collaboratively with school districts to resolve disputes without delay; the increased liability for private tuition and legal fees from needlessly prolonged
litigation imposes an untenable burden on the already - strained budgets of local school districts and diverts resources away from providing educational services to all
children.
Getting results for clients for more
than 60 combined years At the Yukon, Oklahoma law office of Ramey & Tharp, we have been providing high - quality legal service to clients statewide in the areas of general civil
litigation,
child custody & family law, and banking & commercial law for more
than 60 combined years.
However, there are always instances where each spouse will need to talk to one another, especially if they share
children or are planning on divorcing through mediation rather
than litigation.
But, once a state's courts take jurisdiction over parenting issues for a
child, the barrier to divest that state of jurisdiction is higher
than it would be if there was no prior
litigation.
«Certainly we are concerned about the fact that the numbers are higher for remand custody
than for an actual custodial sentence,» says Samira Mobina Ahmed,
litigation lawyer at Justice for
Children and Youth in Toronto, adding however that the gap looks pretty narrow.
Rather
than engaging in adversarial
litigation and ultimately letting a judge decide issues of
child custody,
child and spousal support, and property division, parties can use mediation to reach agreements on these significant and emotional issues.
With more
than 19 years of
litigation and appellate experience as both a former New York City homicide prosecutor and a criminal defense counsel in the United States Army, Mr. Smith has served as lead counsel on more
than one hundred trials on charges to include murder, manslaughter, vehicular homicides, armed robbery, aggravated assault, burglary, drug distribution, rape,
child molestation,
child pornography, rape and aggravated sexual offenses, grand larceny, embezzlement and fraud on the...
But, subject to the discretionary generosity of your country's diplomatic corps when your
child is in another country, generally, «request assistance» in the sense of the Convention means the ability to request that a domestic court in a country other
than your own issue court to enforce your rights through
litigation conducted at your own personal expense.
It is for this reason that in nominally non-adversarial
litigation such as
child care proceedings and, increasingly, in personal injury
litigation — where settlement rather
than trial is now the norm — joint or agreed instructions are given to the expert.
Guideline Hourly Rates (GHR) are meant to be just that — «guidelines and not tramlines» and theoretically have no direct application in relation to anything other
than summary assessment and are not supposed to replace the experience or knowledge of those familiar with the local area and the field of law generally — see (1) KMT, (2) KAY, (3) Mey, (4) MJY (
Children proceeding by their
Litigation Friend the Official Solicitor) v Kent County Council [2012] EWHC 2088 QB, [2012] All ER (D) 245 (Jul).
North Georgia Collaborative Family Law is an interdisciplinary network of legal, financial, and mental health professionals who assist clients in achieving resolution of disputes such as divorce,
child support modifications, custody actions, and many other family law cases using Collaborative Law processes rather
than litigation.
Central to my discussion were three main arguments: that mediation is more flexible and empowering
than litigation, that mediation is better for
children and that mediation is both more time and cost effective
than raising and settling a dispute in court.
Underpinning the current family law system is the importance of promoting healthy family relationships, preventing conflict and separation, encouraging agreement rather
than litigation, and promoting the right of
children to have meaningful relationships with both parents.
Each county can institute slightly different procedures, but the goal of protecting
children's best interests, and the emphasis on mediation and negotiation rather
than contentious
litigation, is the same throughout the state.
When it comes to dissolving a marriage and providing for the
children involved, courts generally prefer that parents reach their own agreement rather
than resort to
litigation.
Child custody modifications can be best handled with a trained mediator, and many families find that mediation makes modifying the child custody agreement simpler, faster, and, ultimately, more agreeable than going through traditional litigation chan
Child custody modifications can be best handled with a trained mediator, and many families find that mediation makes modifying the
child custody agreement simpler, faster, and, ultimately, more agreeable than going through traditional litigation chan
child custody agreement simpler, faster, and, ultimately, more agreeable
than going through traditional
litigation channels.
Rather
than immediately assuming that all holidays are to be divided equally and allocated to the parties on an even year / odd year basis as typically happens in
litigation, Collaborative Divorce starts by asking more out of the box questions such as «Does either parent's extended family have holiday traditions associated with certain holidays that the
children enjoy attending that we should try and facilitate with the Parenting Plan?»
Because I know first hand how devastating divorce can be, as I am a
child of divorce, I believe that the collaborative process provides an infinitely better way of handling the end of a marriage
than does
litigation.
Recent research findings confirm the astonishing and persistent benefits of even a modest commitment to divorce mediation rather
than litigation, in resolving divorce or
child custody disputes.
As detailed in his latest book, The Truth About
Children and Divorce, nationally recognized divorce researcher, therapist, and family mediator, Robert Emery, Ph.D. has released his striking studies conducted with the highest scientific standards and contrasting the long term experience of couples randomly assigned to mediation rather
than litigation of their divorce or custody disputes.
Collaborative divorce is a more respectful, private,
child - centered divorce process
than traditional
litigation.
They may have less money with which to live, as a
child support settlement for lower
than the guideline amount pays off a parent claiming joint custody, or if a joint custody solution is ordered but not actualized, or if scarce resources are expended on pre or post-divorce
litigation.
Based on the concept that both spouses hire legal representation yet agree to resolve their differences without going to court, Collaborative divorce is generally less expensive and quicker
than litigation, gives the couple greater control over the outcome of their divorce, and keeps
children out of the controversy.
Is saving money, which could go to you or your
children more important
than spending it on protracted
litigation?
Most custody
litigation today is pointless and driven by parents» self - perceived roles rather
than a focus on the best interests of
children.
Often,
child custody
litigation encourages parents to get bogged down in making negative statements about one another, rather
than concentrating on making a plan that best suits the
children and the parents.
Mediation of
child custody disputes is often more cost - effective
than litigation.