Sentences with phrase «unreasonable positions»

This earlier report concludes that self - represented litigants tend to take unreasonable positions in family law disputes which ultimately reduce the likelihood that these disputes will resolve without a trial.

If you are unable to settle separation issues through negotiations, litigation or arbitration may be necessary, particularly if your spouse is not cooperative or takes unreasonable positions.

For a party who agreed to mediation but then caused the mediation to fail by his reason of unreasonable position in the mediation was in reality in the same position as a party who unreasonably refused to mediate.

I would invariably respond that the early involvement of lawyers would result in the parties receiving an explanation of the law and the range of likely outcomes, thereby minimizing unreasonable positions and moving the parties toward settlement, as I have described elsewhere.

It is a breathtakingly unreasonable position.

Lawyers and clients who are extremely pragmatic and effective when negotiating a commercial contract or other voluntary agreement, dig themselves into unreasonable positions when there is a dispute and they believe they (or their clients) have been wronged.

If you really want to stamp out unnecessary litigation, amend the Rules to allow for even higher costs, closer to full indemnity, and narrow judicial discretion around costs to impose mandatory costs for unreasonable positions, inflammatory conduct, and frivolous and vexatious behaviour.

I think that being inflexible, not being accommodating, bringing unnecessary motions, taking unreasonable positions without appropriate grounds, just for spite — it all ultimately comes back to hurt the client.

Not only would linking failed mediation to prompt judicial determination focus the minds of the parties at mediation, it would tend to improve mediation by curbing unreasonable positions, and creating real, more affordable options for parties faced with unreasonable adversaries.

A request for attorney fees may or may not be an issue in your case depending upon each spouse's respective incomes and financial resources and their respective reasonable or unreasonable positions in the divorce case.

Specifically, the court can apportion costs between the litigants in a way that respects the importance of giving effect to valid wills while also discouraging parties from taking unreasonable positions.

Why start with an unreasonable position?

The adoption of particularly negative views and unreasonable positions is highly predictive of repeated applications before trial, a trial that will be lengthier than usual and repeated applications after trial.

Petitioner is entitled to an award of attorney's fees and costs herein incurred pursuant to A.R.S. § 25 - 324 OR Each party shall be solely responsible for their own attorney fees and costs except that if Respondent takes any unreasonable positions in this matter, Petitioner should be entitled to an award of his / her attorney fees and costs.

F. Award to Petitioner * reasonable attorney's fees and costs incurred herein; OR Order that each party shall be solely responsible for their own attorney fees and costs except that if Respondent takes any unreasonable positions in this matter, Petitioner shall be entitled to an award of his / her attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstances.

But with apparent chronic judicial shortages in Toronto, litigants should understand that dogged adherence to unreasonable positions can have serious consequences.

«As far as I am aware the courts have not had to consider the situation where a party has agreed to mediate but has then taken an unreasonable position in the mediation.

As Malmesbury's solicitors approached mediation with a very high figure in mind, refused to budge during the course of the mediation, and Malmesbury ultimately was awarded much less, this was held to have been an unreasonable position to take, and was duly reflected by Jack J in the costs award.

For a party who agrees to mediation but then causes the mediation to fail by reason of his unreasonable position in the mediation is in reality in the same position as a party who unreasonably refuses to mediate.

Ms. Flatt took an unreasonable position: that she should be permitted to telework full - time.

His years of litigation experience provides him with the perspective to tell the parties if they are taking an unreasonable position, a skill that is helpful in coming to the resolution of complex matters.

Further, a party who agrees to mediation, but who then causes the mediation to fail because of his unreasonable position is in the same position as a party who refuses to mediate, and such conduct can and should be taken into account in the order for costs.

As far as his lordship was aware the courts had not had to consider the situation where a party had agreed to mediate but had then taken an unreasonable position in the mediation.

If the issue is a breach of the policy, admitting that the plaintiff is an insured may be a useful argument against a claim for bad faith (i.e. not taking an unreasonable position, not adding costs to the insured's claim, etc.).

Justice Ian MacDonell, Superior Court of Justice: «Counsel do not have to argue the case for the other side, or speak well of it, but taking unreasonable positions is generally a losing strategy.

But clients and their counsel can contribute to these delays when they become adversarial, seek to punish one another, take unreasonable positions, delay unnecessarily, or fail to comply with the rules of the court.

In addition, your lawyer may be able to seek costs on a full indemnity basis against your spouse for unnecessary delay tactics or unreasonable positions.

For most areas of family law there is no risk of a costs award being made, but if you take an unreasonable position on interim maintenance, you could find yourself not only having to pay interim maintenance but also all the legal fees associated with the application.

The father submits that he had been successful on the main parenting issues in disputes, that the mother had taken an unreasonable position on costs, and that her actions amounted to bad faith.

In other cases, if one person has an unreasonable position, or hires a lawyer that is overly - aggressive and submits a mountain of discovery requests, this will certainly increase your legal fees, especially under the hourly billing model.

The attorney does not benefit in any manner by helping his client take an unreasonable position.