Archive for the ‘Litigation’ Category

Divorce Options

Friday, June 1st, 2012

Divorce MediationNo couple decides to marry and intertwine their futures – while planning to divorce years later. However, many couples find themselves facing just that. A life altering change that they did not plan for, but must navigate through together in order to move towards their individual futures.

No matter how long a couple has been married, the presence of children, or the financial assets involved, every divorcing couple (more…)

Divorce Savings: The Magical Solution

Monday, January 30th, 2012

Divorce MediationNew Mexico District Judge Ann Kass wrote: “Litigation seduces people into fantasizing that there are magic solutions to their problems.”

Too often, when speaking to couples going through a divorce, it is evident that one or both partners are seeking a magical solution to outstanding divorce issues.

A divorce is (more…)

Conflict Case Study: The Odiferous Vehicle

Friday, December 9th, 2011

A litigated conflict looked at through the eye of a mediator.

A couple purchased a used 2006 Ford Explorer from an established dealership. At time of purchase the couple report they noticed a slight odor but that it was not significant enough to affect their purchase decision. However, over the following 3 months the couple reports that the odor increased (more…)

Postnuptial Agreement: Mediation Without A Divorce

Monday, October 10th, 2011

CoupleMarriages are more than just relationships: they are contracts that entitle the individuals in the couple to certain assets that may exist completely outside of the personal relationship. As a rule, spouses work together to support one another to promote growth in all areas including family size and financial matters.

Most often the changes that impact a couple fall within normal life developments: (more…)

Murdoch Family Business – In Need of Mediation?

Tuesday, September 6th, 2011

It would be hard not to have heard of the eavesdropping and wiretapping scandal enveloping the Murdoch family. The Murdoch family recently closed down their banner news publication News of the World in the UK as a result of the wiretapping scandal.

A parallel issue is occurring in the Murdoch family, one many family businesses have to deal with regardless of the size: that of succession. (more…)

Stress and Divorce Court

Thursday, August 11th, 2011

Divorce MediationIf you don’t experience even a little stress when you walk into a courtroom, you are either the lawyer who has loves to litigate, or you have just said, “All rise,” for the fourteenth time that day.  For the rest of us stress is almost an automatic reaction when thinking about appearing in front of the judge, even when it is not the first time.  The uncertainty, the formality of the court room, how can divorce court be anything but stressful? (more…)

Mediation In Personal Injury & Medical Malpractice

Thursday, June 30th, 2011

Personal InjuryIt is not uncommon for us to get calls or inquires from those who have been injured or suffered as a result of medical malpractice. They are looking for a means to resolve the issue without going the traditional route of getting an attorney. Their reasons for calling a mediator vary, but all appear to be looking for resolution to an ongoing issue where they have been wronged, hurt, or otherwise injured. (more…)

Elder Care: Etta James’ Husband & Son Litigate

Tuesday, June 28th, 2011

Etta JamesPlaying out in a Southern California courtroom is a family elder care drama that is all too common. The ultimate decision rests with the lawyers and a judge, not the family or the person most involved: Etta James.

In this elder care case: The 73-year-old inimitable blues singer Etta James is suffering from dementia and leukemia. Her husband of 41 years and her son from a previous (more…)

Mediation & Divorce Involving Children

Friday, June 10th, 2011

ChildIt may seem that the more complex a divorce, the less appropriate divorce mediation is.  In reality, mediation often makes more sense in complex cases, especially when children are involved.

When a divorcing couple has kids, they are going to continue to have a relationship with one another even after the divorce is final.  Divorce mediation allows the couple to determine how they want to co-parent; what works for them individually, as a couple, and most importantly – what works for the children. (more…)

Bishop Eddie Long & Accusers Reach Resolution

Monday, June 6th, 2011

Georgia megachurch leader Bishop Eddie Long and the four young men that filed suit against him for sexual misconduct have successfully reached a settlement through mediation.

The parties agreed to mediate in December of 2010. The initial mediation session was held in February and full resolution was reached within a few months. (more…)