Sentences with phrase «mediation than in court»

In many cases, couples are better able to communicate why they want the assets they have chosen and what they are willing to give up more clearly in mediation than in court.

In many cases, couples are able to communicate why they want the assets they have chosen and what they are willing to give up more clearly in mediation than in court.

Not exact matches

One wonders if the newly appointed Minister of Justice, Simon Hughes, has currently much more than optimism to trade on when he declared on coming into office in December 2013 that: «mediation works and we are committed to making sure that more people make use of it, rather than go through the confrontational and stressful experience of going to court».

Settling a case in mediation has to be better than «losing» through the courts, says Justin Patten at his blog Human Law Mmediation has to be better than «losing» through the courts, says Justin Patten at his blog Human Law MediationMediation.

In fact, mediation will often provide a better opportunity for achieving these aims than court proceedings — where negotiations are often conducted at a step removed.

We have represented plaintiffs and defendants in more than 100 trials and legal proceedings in all forums — state, federal and foreign courts; arbitration and mediation inside and outside the United States; and administrative proceedings before the U.S. International Trade Commission (ITC), the USPTO and international patent offices.

Russell has more than twenty - five years of experience as a complex business and intellectual property litigator, representing corporate and individual clients throughout the country in federal and state trial and appellate courts, arbitrations, and mediations.

Mediation and collaborative law are much less formal than the court process and therefore makes the parties involved in the conflict feel more comfortable.

If it is not possible to resolve the disputes ourselves, then we each agree to resolve those disputes or claims between you and Bootstrap Legal of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of services offered by the Bootstrap Legal, shall be resolved by binding arbitration before Judicial Arbitration and Mediation Services («JAMS»), rather than in a court of general jurisdiction.

The decision is significant as it highlights the uncertainty solicitors face in trying to gauge the Court's interpretation of the Succession Law Reform Act, underscoring why mediation rather than trial is often the preferred route to settle estate litigation matters.

Mediation may result in an agreement within a matter of hours or days, rather than months or years of court proceedings.

As noted above, using alternative forms of dispute resolution, such as mediation or collaboration, can provide a significant reduction in legal fees, and parties are wise to include dispute resolution strategies other than the courts in their agreements.

Mr. Ling is a highly experienced expert who has written reports in more than 300 construction cases amounting to $ 500 million in claims and includes providing testimony in multiple mediations, arbitrations and court appearances, including federal court.

In this way, mediation can be more efficient and effective, in both cost and results, than the court systeIn this way, mediation can be more efficient and effective, in both cost and results, than the court systein both cost and results, than the court system.

Mediation is less formal than a public hearing in court.

As more and more counties are adopting mandatory mediation, at least on the family court side, there is a compelling need for attorneys to have more than a passing knowledge of the ADR Rules, especially if the Rules are being cited with more frequency in appellate court opinions.

Why are simple disputes not resolved in simple, cost - effective mediation rather than by elaborate and expensive court proceedings?

Mediation is given great emphasis by the courts in contentious probate claims and often provides a successful resolution to a claim being a far more cost effective route than proceeding to a fully contested trial.

I have represented litigants in family court mediation for over a decade and been a certified family court mediator for a little over a year, slowly — more slowly than I had hoped — building a mediation practice.

The court procedure in Financial Remedy applications means that approximately 90 % of all cases settle at the Financial Dispute Resolution hearing, which is akin to in - court mediation, rather than go to a final hearing when a judge determines the outcome.

Mediation can be less time - consuming, more flexible, and less expensive than proceeding in court.

More than 20 organizations were invited to participate in an informative afternoon of speakers, panel discussions and networking to share information about issues of concern to courts, mediation organizations and businesses, private mediators, and community mediation providers.

The headlines were grabbed by increases in the small claims track (other than PI) to # 10,000 and in the starting limit for the High Court at # 100,000, the automatic reference to mediation of small claims, changes to the enforcement process, and the creation of one county court jurisdicCourt at # 100,000, the automatic reference to mediation of small claims, changes to the enforcement process, and the creation of one county court jurisdiccourt jurisdiction.

Mediation in solicitor / client disputes, with fees based on the time involved and shared between the parties, can be far less painful in every respect than the court alternative and is considerably quicker.

In divorce mediation, not only do the parties determine the outcome of their agreements concerning their property and family (rather than the court making orders), they may also dictate the pace at which they complete their matter.

Agreements in mediation often contain more creative and personal solutions than a court would allow.

If the mother and father both adopt a fair approach and attitude to a maintenance, calculating what they each need by way of income and what the children need, the chances are that they will be able to reach a decision themselves or in mediation rather than having to go to solicitors and the courts.

Mediation can be a better solution than court as it often results in a more beneficial outcome for both parties.

There are several reasons: (a) it's less adversarial than going to court; (b) it's more private; (c) you retain control of the process — i.e., you are not bound by what the mediator thinks (indeed, most mediators see their role as helping the parties effectuate their goals, not imposing the mediator's ideas); (d) it's usually much less expensive; (e) if there are children involved, the process is less likely to embroil them in a painful conflict; and (f) mediation often gives divorcing couples a better chance of successfully negotiating issues that may come up in the future (such as child support, alimony, or custody and visitation issues).

If you strongly favor coming to an agreement with your soon - to - be-ex spouse rather than fighting in court, choose an attorney who also feels strongly about mediation, rather than one who looks forward to divorce trials.

As a divorce mediator I often find myself reminding the parties that coming to an agreement in mediation is far less costly than going to court both financially and emotionally.

b. Court - provided mediation will be available in family cases when referred by the presiding judge or automatically referred by this Administrative Order, and the parties combined gross income is less than $ 100,000.

This fiduciary duty provides a much stronger basis for a Court to order a government to enter into meaningful negotiations than that available in Australia, where, in effect, the order to attend mediations and negotiate is a procedural matter unrelated to the substantive rights of the claimant group.

Interviewed respondents, all lawyers or advocates working with battered women in the family court context, highlighted their feelings that guardians ad litem did not view domestic violence as serious, did not understand the risks associated with mediation and couples» counseling in the face of abuse, did not appreciate that abusers can be skilled in manipulating the courts, allowed themselves to be manipulated by abusive partners, and tended to pathologize victims rather than understanding how they were affected by their experiences of abuse.

In recent years there has been a growing interest in divorce mediation, which is a process for helping divorcing parties reach a settlement agreement in a cooperative manner rather than having them battle it out in court for the judge to decide the issueIn recent years there has been a growing interest in divorce mediation, which is a process for helping divorcing parties reach a settlement agreement in a cooperative manner rather than having them battle it out in court for the judge to decide the issuein divorce mediation, which is a process for helping divorcing parties reach a settlement agreement in a cooperative manner rather than having them battle it out in court for the judge to decide the issuein a cooperative manner rather than having them battle it out in court for the judge to decide the issuein court for the judge to decide the issues.

Requiring parents in dispute to consider mediation as a means of settling that dispute rather than litigation by making attendance at a mediation information and assessment meeting a statutory prerequisite to starting court proceedings.

It can also be argued that mediation is more empowering than litigation because when a dispute is settled in court neither party is a «winner», whereas the whole point of mediation is that people reach their own compromises for themselves, rather than have them forced upon them.

The three hour mediation process cost them less than $ 200, which both Ali and Sam see as a preferable outcome to spending upwards of $ 50,000 each in going to court for formal court orders.

«Research shows that mediation is quicker, less costly and more effective than court action in helping divorcing and separating couples.

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.

Mediation, if successful, is likely to be much less expensive and much less stressful on the parties than fighting it out in court.

In the sense that there is still not widespread public awareness of the existence and value of family mediation as a far better method to address issues relating to children than the courts.

Couples who start their legal proceeding in a civil manner, are more likely to enter mediation voluntarily, thus providing a private rather than court forum for resolving their conflicts, and saving their families costly litigation fees that can be better saved towards college education, summer camp and the like.

(R. 5:8 - 1) Once the court identifies a «genuine and substantial» issue of custody or parenting time in a matter, the court must refer the parties to mediation, which can not last longer than two months, unless extended by the court.

Family mediation is the right process for many more clients than actually end up using it, who subsequently find themselves in court without having set out with this in mind.

In contrast, these same kinds of cases often have a total combined cost for both spouses of less than ten thousand dollars in mediation and attorney fees when divorcing couples choose to go to mediation prior to bringing a court actioIn contrast, these same kinds of cases often have a total combined cost for both spouses of less than ten thousand dollars in mediation and attorney fees when divorcing couples choose to go to mediation prior to bringing a court actioin mediation and attorney fees when divorcing couples choose to go to mediation prior to bringing a court action.

Perhaps more importantly, it could mean the difference between the couple ending up in court representing themselves because they believe they can not afford mediation rather than in mediation where will be focusing on how they can reach solutions together and improve their communication.

Family Mediation is excellent and this collaborative process keeps couples talking through the difficult matters to agree a way forward rather than have one forced upon them in the courts.

«It is almost always in your children's best interest to settle a case — with or without mediation — rather than to litigate in court,» said Judge Stewart.

(R. 5:8 - 1) Once the court identifies a «genuine and substantial» issue of custody or parenting time in a matter, the court must refer the parties to mediation, which can not last longer than two months, -LSB-...]