Sentences with phrase «resolved by a judge»

If one or both parents feel that mediation is not working and do not want to continue the conversation, parents can always opt to have their parenting matters resolved by a judge in court.

Should a dispute arise, you agree to resolve the matter through Arbitration, in which case you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participated in a class action.

ARBITRATION: The Cardmember Agreement provides that we may choose to resolve a claim relating to your account by binding arbitration, in which case, you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitration.

Arbitration Provision: Should a dispute arise, you agree to resolve the matter through Arbitration, in which case you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participated in a class action.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

In the traditional divorce process, disputes are resolved by a judge in a public courtroom; in the collaborative process, disputes are resolved by the spouses in private conference rooms.

There could be great benefits to new leaders questioning how the legal system could be more responsive to the current needs of twenty - first century America, including shortening the timeframe for obtaining patent rights, and having disputes resolved by judges with training in both the technology and the law.

Rather than a traditional divorce that may be resolved by a judge in a courtroom, you can stay in control of your family's future by settling out of court.

Typically, California courts will not enter a decree of divorce between a couple with children until child custody and visitation issues have been addressed and resolved by the judge.

When parents can not come to an agreement regarding child custody, the legal process to set the custody arrangement operates like a trial and must be resolved by a judge.

Collaborative attorneys understand that the courtroom is a very public forum for resolving very private issues, and so the collaborative attorneys are contractually - barred from bringing issues to be resolved by a judge.

Not exact matches

If approved by a federal judge, the bankruptcy would force Detroit's thousands of creditors into negotiations with Orr to resolve an estimated $ 18.5 billion in debt.

For unmarried parents involved in a custody dispute, options for the custody decision are largely the same as those for divorcing couples — child custody and visitation will be resolved either through agreement between the child's parents, or by a family court judge's decision.

Well, we got news for you folks, this letter should be written in support of John Liu judging by who's had a real, tangible impact on resolving tax issues in the co-op community.

He added that the president's resolve is complemented by that of the Chief Justice of Nigeria, CJN, Mahmud Mohammed, who, during the last All Nigerian Judges» Conference, declared unwavering support of the judiciary under him, for the war on corruption.

«Kings County Supreme Court, led by Administrative Judge Lawrence Knipel, has reduced the number of our oldest pending cases by 25 percent, and increased the number of foreclosures resolved by 62 percent,» DiFiore said.

Judging by the speed with which the State Supreme Court has addressed legal scuffles so far in the Senate stalemate, there's no reason to think the resulting tangle would not be at least expedited, if not swiftly resolved.

For officials they are institutions where irregular situation of foreigners residing or entering Poland is managed — they are kept under surveillance until their cases are resolved by deporting them, giving them asylum or releasing from the centre by the judge.

But Eddy County Judge Richard Parsons ruled Feb. 1 that the districts» concerns do not rise to a constitutional issue and should be resolved by state lawmakers rather than by the courts.

A state labor panel on Thursday agreed to ask a judge to issue a temporary injunction against strikes like the one carried out by the Chicago Teachers Union on April 1 until the larger issue of whether such walkouts are legal is resolved.

Under current law, teachers who are fired can appeal their case to a three - member disciplinary commission of a judge and teachers chosen by both sides, a process that can take years to resolve and can cost school districts hundreds of thousands of dollars.

UPDATE: Following the Denial of Class Certification by New York Judge, New York and Indiana Class Actions against Author Solutions Are Resolved without Any Finding of Wrongdoing

Following the July 1, 2015 ruling by Judge Denise Cote denying plaintiffs» motion for class certification in Simmons v. Author Solutions LLC, the parties have resolved both the New York and Indiana actions without any finding or admission of wrongdoing on the part of Author Solutions or its affiliates.

In the case of an owner who is relinquishing their dog, judge their dog knowledge by asking what actions they took to try to resolve their dog's problems.

When he learned that some of the climate skeptics would be testifying — and be compelled under oath to reveal their funding sources — in St. Paul, Minnesota, where administrative judge Allan Klein was reviewing the environmental costs of coal - burning by the state's power plants, Gelbspan resolved to use his own savings to fly out to cover the hearings.

Answer: No, sometimes every judge serving on a federal appellate court finds it necessary to recuse themself from an appeal pending in their court, and federal appellate judges serving on a neighboring circuit will be assigned to sit by designation to resolve the appeal.

If a matter is resolved by a trial the judge will award costs either against each one party or order that each party pays their own costs; in general, the costs «follow the event» i.e. the losing party usually gets stuck with the costs.

Major changes in how disputes are resolved before judges ought to be supported by robust, independent research, so that we can be confident that we are striking the right balance between technical feasibility and what is right and in the interests of justice.

Haeger matters because the US Supreme Court resolved a circuit split by limiting judges» authority to mete out sanctions.

By using the mediation process, parties can take control of resolving their issues rather than leaving the decision to a judge or magistrate.

As a trained family law attorney and mediator, Attorney McKenna assists parties in resolving even the most emotionally charged issues by offering her guidance and expertise in a comfortable, confidential forum where the parties ultimately have the final say, instead of the Judge.

Some of these relate to the extent of the parties» knowledge of both sides of the case, and others involve cost - benefit considerations that may favour having the matter decided by a judge at trial rather than resolving it earlier.

On the other hand, if all of the evidence admissibility issues had been sorted out before trial by motion in writing — the US system — and all of the witnesses that either side knew they might call had been available for pretrial deposition and everybody conceivably important had been examined - again the American system — then perhaps your trial and all of the other trials wouldn't have been as long, or have been resolved for whatever reason because the lawyers knew what the evidence would likely be, so there'd have been judges... etc..

A federal judge in Orlando, frustrated by lawyers» inability to resolve discovery matters, has ordered them to engage in what he called «a new form of alternative dispute resolution,» a game of rock, paper, scissors.

A yet - to - be resolved dialog between Supreme Court of Canada judges suggests that customer information, in particular when governed by terms that permit disclosure to law enforcement, is less likely to be protected by section 8 of the Charter.

[10] And, quite apart from avoiding the multiplicity of actions — the mischief sought to be avoided by s 8 of the Judicature Act and R 1.3 of the Alberta Rules of Court, a proposition for which there is also ample case authority — the chambers judge properly adhered to the urging of the Supreme Court of Canada in Hryniak v Mauldin, 2014 SCC 7 (CanLII), [2014] 1 SCR 87 to the effect that courts are obliged to resolve legal disputes in the most cost - effective and timely method available, provided the process selected ensures fairness between the parties.

As the survey was taken at the National Family Law Program attended primarily by lawyers and judges, I suspect the cases resolved by mediation will be even higher if mediators were surveyed.

After that the court still has the power (and duty: FPR 2010 r 1.4 (2)(e)-RRB- to control the calling of evidence by deciding whether or not to give permission; and in so doing the case management judge must decide whether the evidence is «reasonably required» to resolve issues before the court (civil proceedings generally: CPR 1998 r 35.1), or in the case of family proceedings whether it is «necessary to resolve the proceedings» (Children and Families Act 2014, s 13 (6)(children proceedings); FPR 2010 r 25.4 (3)(other family proceedings)-RRB-.

After all, our modern system of justice where parties resolve their disputes before an impartial third party (the judge) and / or a jury of their peers was intended to replace trial by combat - in which parties settled their differences by fighting it out (usually to the death).

Neil Rose further explains how this pilot project works: ``... the three stages of the online court would be: [One] An automated online triage stage designed to help LiPs articulate their claim in a form which the court can resolve, and to upload their key documents and evidence; [Two] A conciliation stage, handled by a case officer; and [Three], a determination stage, where those disputed cases which can not be settled are determined by a judge, by whichever of a face - to - face trial, video or telephone hearing or determination on the documents is the most appropriate.»

Several related claims severed from the jury trial were retained by Judge Dein and United States District Court Judge Mark Wolf and remain to be resolved.

Most issues can be resolved either by counsel persuading the judge to leave the questions unasked, or by agreeing that counsel, who has forgotten to ask the question, may do so when the jury and the witness return.»

[2] A «Resolución» (Decision) is an informative note by a judge, not resolving a specific case in particular, but rather telling citizens that his Court will not declare inadmissible any procedures for not paying the new judicial fees.

A perspective that regarded individuals as being free to frame, manage and resolve their disputes as they deem best and to involve the state (e.g., judges) only on a «by exception» basis, would likely come to a different assessment of what access to justice entailed.

They understand that a dispute resolved on their own terms through mutual agreement will be far easier to live with over time than one resolved by a third - party judge or arbitrator.

Some of the expressions of this ideology are: that the role of judges is to manage and resolve disputes; that adjudication is only one — and not always the optimal — way to do that; that trials are expensive and wasteful; that ordinarily disputes are preferably resolved by mutual concessions; that settlement benefits parties and the courts themselves; that outsourcing disputes to ADR institutions benefits courts without detriment to parties; and so forth.12

«A high profile case that was successfully resolved in favour of Baker McKenzie's client as a result of the forward - thinking and professional approach taken by the legal team,» remarked one judge.

If, ultimately, there are issues at trial that involve the petitioner's statements, they will have to be resolved by the trial judge.

The Small Claims Tribunal has heard a total of 59 cases from inception to September 18, 2008 (30 in 2007 and the remainder in 2008) and all cases were successfully resolved by agreement between parties after what was essentially a mediation procedure before the Small Claims Tribunal Judge.

Every workers compensation claim prosecuted under the New Jersey Workers Compensation law can only be resolved following review and approval by a Judge.