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Family Law Alternative Dispute Resolution (ADR)

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:

Finding Alternatives to Litigation

by Burns & Levinson LLP on

If you read this blog, you probably know that I am a huge proponent of negotiating settlements in divorce cases. As an attorney who has spent her career in divorce litigation, I know firsthand the costs associated with...more

This Agreement To Arbitrate Will Self-Destruct in 3…2…1…

by Fox Rothschild LLP on

Arbitration – essentially, a private trial in which the parties hire a fact-finder who serves in lieu of a judge – has become an increasingly common means of resolving family law disputes. Although an arbitration may be...more

Arbitration Agreement Enforceable Against Non-Signatory Spouse Because Community Property

by Dorsey & Whitney LLP on

You know how the vows go: “for richer or for poorer, in sickness and in health, in district court or in arbitration…” Wait a minute. Last Wednesday, a federal district court in Arizona held that a TCPA plaintiff was...more

Truths and Myths About Divorce Mediation

by Cozen O'Connor on

When clients visit my office for an initial consultation about their impending divorce, they invariably ask about the benefits and pitfalls of mediation. Over the last several years, the use of alternate dispute resolution...more

Achieving Workable – and Just – ADR Results in Family Law

by JAMS on

Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members....more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19165 - Dept. of Transportation v. White Oak Corp. - SC19165 Dissent - Dept. of Transportation v. White Oak Corp. Despite a very convoluted history, the essence of...more

“OPT OUT” – DIVORCE WITHOUT COURT - Arbitration As An Alternative To The Traditional Court System

by Jaburg Wilk on

It is now common for divorcing spouses to seek means of resolving issues in their family law proceeding outside the traditional court system. As in many jurisdictions, the overwhelming numbers of cases and limited judicial...more

"Opt Out" - It might be to your benefit to “opt out” of the Family Law Court system in Arizona

by Jaburg Wilk on

People seeking to be divorced or to resolve other problems in the Family Law Division of the Maricopa County Superior Court in the State of Arizona can find themselves trapped in a system that is not well suited to meet their...more

Show Me the Money! Are You Required to Prove How You Spend Child Support Payments?

Recently, Grammy Award winning rapper Clifford Harris—better known as T.I.—was back in court, but in a turn of events he wasn’t battling his usual criminal charges, instead, Mr. Harris appeared in family court to contest his...more

How to Prepare for Mediation

by Jaburg Wilk on

Mediation is a voluntary process in which the parties jointly select a neutral third party facilitator to help reach resolution of all or some of the issues in their divorce proceeding....more

New Mediation Law in UK Geared to Divorcing Couples

by JAMS on

Despite the efforts of a group of 6,500 mediators and millions of pounds spent by the government on advertising and diversion efforts, divorce mediation languished in Great Britain. The London Times reported that “only half...more

New York Divorce Mediation with Companion and Farm Animals

by Cari Rincker on

This article discusses the unique challenge surrounding the personal worth of animals — both companion and farm — at divorce, and offers pointers to divorce mediators who face these issues, which can complicate even the...more

Parenting Plan Mediation Helps Kids

by JAMS on

Discussion about parenting plan mediation generally focuses on the people at the table – the parents. Those parents who reach agreement express satisfaction. They save time and money by avoiding further action in court. They...more

The Supreme Court’s Marriage Decisions Sets the Stage; As Disputes Arise, so Does Opportunity for ADR

by JAMS on

Recently the United States Supreme Court issued long anticipated rulings in the first marriage cases to reach the high court – United States v. Windsor and Hollingsworth v. Perry. ...more

Same Sex Prenuptial Agreements

by Edward Amaral on

Massachusetts is one of twelve of states, along with the District of Columbia, which recognize same-sex marriage. Since 2004, same sex couples have had the right to marry in Massachusetts. Like their opposite-sex...more

Potential Benefits of Divorce Mediation

by Jaburg Wilk on

Divorce mediation is a process of resolving disputes by engaging a neutral third party who acts as a facilitator, assisting the divorcing spouses in reaching an agreement....more

Tips for Managing Family Conflict During Holiday Gatherings

by Alexandria Skinner on

A useful list of suggestions for avoiding and neutralizing family conflict during holiday gatherings, roughly framed in terms of the general principles of interest based negotiation....more

New Massachusetts Alimony Reform Act: When Can I Modify My Alimony Obligation

by Edward Amaral on

Under the new Massachusetts Alimony Reform Act which became effective on March 1, 2013, there are new and specific standards and guidelines upon which a spouse may file a complaint for modification to decrease or increase...more

Divorce Mediation eBook

by Edward Amaral on

We are excited to announce the publication of our new eBook on Divorce Mediation. Learn what the many benefits are by getting a divorce through mediation versus a long, expensive and protracted contested divorce. See also how...more

Get Divorced Through Your iPad or iPhone

by Edward Amaral on

The events leading up to, and actually getting a divorce from your spouse can be one of the most difficult times in a person's life. But does the actual divorce process have to add unwanted stress? There is a better way to...more

Divorce Mediation

by Edward Amaral on

This article is a brief overview explaining what Divorce Mediation is and the many benefits of mediation compared with a traditional divorce. Mediated divorces are less costly, less time consuming and provide greater overall...more

Who Gets the Pet in a Divorce?

by Kaiser Legal Group on

Published on the National Business Institute Continuing Legal Education (CLE) website as an installment in Michael Kaiser's Animal-Law blog. Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He...more

Collaborative Divorce--What is it and How Does it Work

by Gary Borger on

What is collaborative divorce? How does it work? How does it differ from mediation? Why is it superior to an attorney-negotiated settlement or litigation?...more

What do Larry Page, Sergey Brin, and Mark Zuckerberg have in common?

by Ashok Abbott on

Demographic trends —delayed marriages, considerable wealth being created pre- marriage, and an almost 50% rate of divorce—bring an urgency to the issue of apportioning the active and passive components of the growth in value...more

Attorney Properly Rejects Attorney Fee Arbitration Award by Filing a Small Claims Action

by Hinshaw & Culbertson LLP on

In Giorgianni v. Crowley, the California Court of Appeal for the Sixth District decided a novel question arising under the California Mandatory Fee Arbitration Act for attorney fees disputes. An attorney, John Crowley...more

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