It's much more difficult to set aside an arbitration
outcome than a court's determination.
Often, it saves time and money and results in more predictable and happier
outcomes than court.
Not exact matches
More
than 95 % of personal injury claims are settled outside of
court, but our lawyers will be by your side in the courtroom if that is necessary to seek a positive
outcome to your claim.
And going back to pre-Sandy days, the Democrats were none too thrilled that Cuomo declined to intercede when the Senate and Assembly failed to agree on a redistricting plan for the congressional lines, kicking the matter to the
courts and resulting in a far less gerrymandered
outcome than a politically - controlled process would likely have produced.
However, my own experience suggests that it is more politics as usual, rather
than the particular terms or even fact of a
court judgment, that leads to the
outcomes found by the authors.
Depending on its
outcome, the case, Island Trees Union Free School District v. Pico, which has been in the
courts for more
than six years, could also establish a requirement that school boards base the removal of books from the school library or curriculum on more specific objective criteria
than the school board used in this case.
We surmise that the different
outcomes turned less on differences in constitutional language
than on political differences between the
courts.
Increasingly what we see in the
courts is a rising number of people who represent themselves with measurably worse
outcomes than if they had retained a lawyer, and many more who are just not seeking justice at all because of legal costs.
Long and Christensen found no statistically significant correlation between readability and
outcome in the briefs in their study.129 For federal appellate
court briefs and state supreme
court briefs, the only variable with a statistically significant correlation to reversal was jurisdiction, which is not surprising because state cases have higher reversal rates
than federal cases.
The distinction between the varying approaches may be more apparent
than real, and in many cases may lead to the same
outcome particularly since not all
courts distinguish between them and / or refer to them simultaneously.903 Of the few decisions where a foreign award has been refused enforcement pursuant to the second alternative of article V (1)(d), the party opposing enforcement brought evidence of fundamental or unjustifiable procedural defects that one could consider would have met the criteria of both approaches.
Initially, I'd guess that avoiding a politicized
outcome will prove difficult, since Denniston's summary indicates that while the
Court «conducted the hearing in the language of law, rather
than politics,» the
Court's ideological differences were also fairly obvious.
As described in the Pittsburgh Post-Gazette, back in January, a Pennsylvania county
court dismissed charges against two individuals who ran a poker game out of a garage, finding that because the
outcome of poker has more to do with skill
than chance, it was not illegal under the state's gambling laws.
If the Woolf scheme were to be delivered as intended by the
courts, it would provide an even better system for parties keen for swift and affordable
outcomes than at present, and it has always been a truism for Lord Woolf that it is for the benefit of litigants that our civil justice system must unswervingly be directed.
It is undoubtedly the case that a claimant spouse can, in certain circumstances, obtain a more generous
outcome in the English
courts than the Scottish
courts.
Lady Hale agreed with the judge in the High
Court that, when looking at the best interests test in this context, it is whether the transfer is in the child's best interests rather
than the eventual
outcome.
As federal
courts generally have more experience administering class actions
than state
courts, this
outcome is often seen as desirable.
If you and your spouse can come to an agreement regarding parenting time on your own, through your attorneys, or with the help of a mediator, you will likely be more satisfied with the
outcome than if you have to go to
court and let a judge decide.
It is further thought that it should reduce the amount of forum shopping which currently takes place where one party makes a tactical decision to issue proceedings in a particular
court on the basis that they believe they will receive a more favourable
outcome there
than in another
court elsewhere.
With respect to the first 4 factors, the
Court of Appeal found CACE ``... has no more direct interest in the
outcome of this appeal
than do lawyers generally who provide advice and counsel to employers...» (para. 27).
And now it seems that, after finalizing the numbers, the author has seemingly concluded once - and - for - all that his data show that public defendants generally producing better
outcomes than private
court - appointed attorneys.
With more
than 35 years in
court, we know what it takes to win, and have reached the best possible
outcome in thousands of cases.
Here the
Court of Appeal has sent a message: it prefers that individuals appeal UCAB decisions through the established judicial review process rather
than look for a more favourable
outcome in another forum.
Rather
than try to concoct an array of legal definitions for reasonableness review, I believe the Supreme
Court should simply encourage circuit
courts to determine and explain, on a case - by - case basis, whether and how a particular sentencing
outcome serves the purposes that Congress set out in the statutory text of the Sentencing Reform Act.
It has now been more
than two full months since the Supreme
Court decisions in Gall and Kimbrough, and I am really wondering if these rulings have had a significant impact on district court sentencing outc
Court decisions in Gall and Kimbrough, and I am really wondering if these rulings have had a significant impact on district
court sentencing outc
court sentencing
outcomes.
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.
Conducting an exercise in simple arithmetic recently, Minette Marrin in The Sunday Times (2 December 2007) showed that since only 12 % of rape allegations reported to the police are pursued in the
courts, the rate of convictions as a proportion of prosecutions is 47 %, a figure slightly higher
than that for murder (though with murder there is often a fall - back conviction — not so often the
outcome in rape).
It is too soon to tell if the Supreme
Court's ruling will have any impact on the
outcome of more
than a few cases that turn on disputed expert testimony.
Crucially, a slip and fall settlement almost always results in a much faster
outcome than going to
court, meaning you get the money you deserve and need sooner — so you can stop the bills from piling up.
This
outcome refl ected the
court's view that the questions raised were essentially ones of politics, rather
than law.
In state
court, pro se defendants charged with felonies fared as well as, and arguably significantly better
than, their represented counterparts... of the 234 pro se defendants for whom an
outcome was provided, just under 50 percent of them were convicted on any charge....
But better
than that, you still have time to hire a traffic ticket attorney to fight on your behalf who, if he or she does their job right, can usually get you the best possible
outcome — No Fines, No Points and No
Court Costs.
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.
You and your spouse will discuss the issues that are most important to you, directly, without the stress and hostility of
court, creating a pathway toward resolution that is typically more efficient, with an
outcome more durable,
than that achieved in
court.
Mediation can be a better solution
than court as it often results in a more beneficial
outcome for both parties.
Those who find such an individual to handle their legal matter can be sure that at least their lawyer will be interested in resolving their problem with the most reasonable and positive
outcome, rather
than simply defining the problem and litigating it in
court.
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.
Mediation can help avoid the need for
court, and separating parents who make their own arrangements are often happier about the
outcome than those who go through the formal
court process.
There is also a discussion about negotiating settlements rather
than spending a great deal of family funds on going to
court where you may lose control of the
outcome of your situation.
This means that divorcing couples can decide how best to resolve their marital issues rather
than face an uncertain
outcome by having the
court decide for them.
In the end, with mediation, spouses have much more control over the
outcome than they do in front of a family
court judge.
He suggested that after a determination of native title has been made, formal and confidential offers of settlement that were made between the parties in the course of mediation should be presented to the trial
Court so that it can decide whether adverse costs consequences should follow for the parties for whom the final
outcome was not greater
than that offered in the mediation.
If you want to make sure that you get the car, it is usually better to settle outside of
court, where you have more control over the
outcome, rather
than having a judge decide what's best for you and your spouse.
The public and
courts at large have embraced the new wave of alternative dispute resolution, recognizing that if parties are able to resolve their own issues, long term co-existence is far more likely
than when an
outcome is imposed by a third party who appears disconnected from the needs of the parties.
In short,
Court produces many iatrogenic effects where the unintended harm to parents and children is at times far worse
than the benefit from the well intentioned
outcome.
Collaborative Law and mediation are cost - effective process options which allow clients to retain more control over the
outcomes of their cases,
than traditional
court process.
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.
As you and your spouse or partner are reaching an agreement without having a decision imposed upon you by the
court, the
outcomes can be more creative
than may be ordered by the
court.