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June 22, 2011

ADR: Matrimonial Cases Often Ripe For Private Mediation

Busy court dockets, complex cases, and other issues may encourage consideration of private mediation as an option for resolving cases.

As with the settlement of any case, negotiating the settlement of a family case involves some aspects of mediation: you are evaluating your own case, considering its strengths and weaknesses, and evaluating the same aspects of the opposing lawyer’s case. Consideration is given to costs and benefits associated with trial and trying to handicap the likelihood of success with regard to each element of the case.

Most family lawyers have participated in court-sponsored mediation in the form of a special masters hearing. This forum is closer to private mediation, because participants are attempting to settle the case and in doing so are trying to convince neutrals the masters that their respective positions have merit and would carry the day at trial.

Another form of mediation may be appropriate: private mediation, with hand-picked neutrals who are compensated for their time by the parties to the case.

Why Private Mediation?

Sometimes, there is a need to bring a case to conclusion faster than a court-sponsored mediation or trial can. If so, private mediation may be the best option.

via Connecticut Law Tribune: ADR: Matrimonial Cases Often Ripe For Private Mediation.

posted to Divorce,Mediation @ 11:34 am

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Anyone in a legal case should get off Facebook and Twitter | home | Why So Many Baby Boomers are Getting Divorced