Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
State AG Pulse | Money, Money, Money: Where does it go and why?
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
What to do When Your Business Has Been Sued
Settling a Claim: Get Comfortable With Being Uncomfortable
What Will Happen at My Mediation?
In the world of divorce proceedings, the term “narcissist” has become a common label. However, it’s important to understand that merely labeling a spouse as a narcissist does not necessarily influence the court’s decisions or...more
Disagreements are not uncommon in divorce. If a separation is acrimonious, one spouse may try to deprive the other of their share of assets. In some cases, a party may hide bank accounts or assets as part of an effort to...more
Both parties usually have their own legal counsel in contested divorce and family law litigation. A lawyer representing a party in litigation must advocate for their client zealously....more
Most parties with a divorce or family law matter want to settle their case outside of court. Therefore, having multiple court dates, a prolonged litigation process, and a trial is undesirable for most....more
Widely adopted in the United States, Canada, and many other countries, the Collaborative Process used in Illinois is a values-driven, private, out-of-court alternative to the traditional litigation model for divorce, often...more
Today, lawyers are turning to mediation more frequently than ever before. Mediation offers a number of benefits, including the opportunity for parties to be heard; a chance to save time and money and avoid the costs of...more
If during the ongoing COVID-19 pandemic you, and/or your spouse, have made the decision to part ways, then there’s a good chance you have considered or read about mediation as a potential way forward. Mediation, including...more
Settling a divorce or family law matter is something most parties desire. It is uncommon for somebody to want a trial in their divorce or family law matter. Trials are expensive. Not only are they expensive, but in a trial...more
In the collaborative process, parties are attempting to resolve their divorce or family law matter outside of court in an amicable manner. Parties enlist collaborative lawyers and professionals to assist them. In...more
Many want to settle their divorce or family law matter outside of court. However, versus hiring lawyers, they want to work it out on their own. Man ask why they should spend the money on lawyers? The thought makes sense on...more
The first settlement proposal in a collaborative divorce or family law matter can be critically important. Depending on that first offer, the other party to the case can decide that negotiating may bear fruit. In other...more
Reaching a settlement in a divorce or family law matter is easier said than done. For parties who are participating in a collaborative divorce, most are looking for a reasonable settlement. Otherwise, they wouldn’t be...more
The Price of Peace: a concept that arises in nearly every divorce matter, but you will likely never read about in any legal treatise on divorce law. You commonly hear about transactional costs (I.e. legal fees) and the cost...more
Please join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At this complimentary program, experienced McDermott partners will lead discussions on a broad range of topics pertinent to ultra-high...more
In traditional litigation, it’s often the war of the competing experts. Whether the issues in the case are financial or custody related, both sides often enlist their own experts. ...more
Clients and attorneys generally want to settle cases out of court. Clients readily recognize the financial and emotional benefits of avoiding court. Some clients go into his or her attorney’s office, bound for the courthouse,...more
In one of the earliest posts I did on this blog going back ten years or more, I posited that you can only really settle when the time is right and when both parties are ready. In fact, I felt then as I feel now, that you can...more
Most parties desire to settle their divorce or family law matter. Most do not want to end up putting their case in the hands of a judge at trial. At the same time, settlement is hard for most parties. The truth is that if...more
In the recent unpublished (non-precedential) decision of Mathurin v. Matrhurin, the Appellate Division again confirmed that (1) agreements reached in mediation are not binding unless the terms are reduced to a writing signed...more
Most individuals would like to resolve their divorce or family law case outside of court. The problem is that many do not agree on all issues in play in their divorce. When individuals think about how to get to an...more
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
Clients often think that once attorneys are involved in a divorce case it automatically means that they will not be able to settle their case without court intervention. However, even when attorneys are involved, cases settle...more
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