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Divorce Mediation, Conciliation, Arbitration, Etc.

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“Divorce Mediation” is a voluntary, confidential process in which we help the parties to identify and discuss issues of mutual concern in divorce or other family law matters, explore various solutions and develop a settlement that is mutually acceptable to the parties. This process can occur with the parties alone or with the parties and their lawyers, present and participating. When counsel does not participate directly in mediation we strongly encourage the parties to have lawyers with whom they consult before and between sessions, in financial disclosure and in connection with agreement drafting.

We will mediate divorce agreements, modification agreements, custody agreements, pre-marital agreements, marital (post-nuptial) agreements, ultimate settlements, interim or “temporary order” stipulations, discovery disputes and the like, all in the context of divorce and other family law matters.

If the parties reach an agreement, we will either write a “memorandum of understanding” which is an outline of points to which the parties agree, or a formal agreement, which is the full embodiment of the parties’ settlement. If the parties wish, we will assist their lawyers in finalizing the agreement. By contract, we will commit to hourly cost, confidentiality, and the timing of the process.

Divorce Med/Arb” (mediation followed by arbitration, if necessary) is a voluntary, confidential process in which we help the parties to identify and discuss issues of mutual concern regarding in divorce or other family law matters, explore various solutions, and develop a settlement that is mutually acceptable to the parties. If the parties do not reach agreement after mediation, we convert our service to that of an arbitrator, and we make a binding or non-binding decision after hearing arguments and considering evidence. This process can occur with the parties alone or with the parties and their lawyers, present and participating. When counsel does not participate directly in mediation we strongly encourage the parties to have lawyers for the arbitration phase, and to consult with counsel as in mediation. If the parties reach an agreement, we will either write a “memorandum of understanding” which is an outline of points to which the parties agree, or a formal agreement, which is the full embodiment of the parties’ settlement. If the parties wish, we will assist their lawyers in finalizing a mediated agreement. If arbitration occurs, we will write an arbitration award. By contract, we will commit to hourly cost, confidentiality, pacing of sessions, and to the process that the parties and their counsel wish to use.

Divorce Conciliation”  is a process in which we assist the parties and/or their lawyers to settle a divorce or other family law case by clarifying the issues and assessing the strengths and weaknesses of each side of the case. This process can occur with the parties alone if unrepresented, or with the parties and their lawyers present and participating. When counsel does not participate directly in conciliation we strongly encourage the parties to have consulting lawyers. If the case is not settled, we will, if the parties wish, explore the steps that remain to prepare the case for trial before a judge in court, of if the parties wish, before an arbitrator. By contract, we will commit to hourly cost, confidentiality and procedure.

Divorce Case Evaluation” is a process in which the parties or their attorneys present a summary of their case to us. We then give the participants a non-binding analysis of the likely outcome or range of expected outcomes if the case proceeds to a trial by a judge in court. This process can occur with the parties alone if unrepresented, or with the parties and their lawyers present and participating. When counsel does not participate directly in conciliation we encourage the parties to have lawyers with whom they consult before and between sessions, in financial disclosure and in connection with agreement drafting. We will address divorce or other family law matters. If the case is not settled, we will, if the parties wish, explore the steps that remain to prepare the case for trial before a judge in court, of if the parties wish, before an arbitrator. By contract, we will commit to hourly cost and confidentiality.

Divorce Arbitration” is a process in which we make a binding or non-binding decision after hearing arguments and considering evidence. The parties determine the formality of the process in consultation with us. This process can occur with the parties alone or with the parties and their lawyers present and participating. When counsel does not participate directly in arbitration we strongly encourage the parties to have consulting lawyers. We will arbitrate ultimate issues, interim or “temporary orders” and discovery disputes, all in the context of divorce or other family law matters. By contract, we will commit to hourly cost, confidentiality, timeliness of hearing and decision, and to the rules of procedure that the parties and their counsel wish to apply.

Divorce Master Hearing”  is a process in which the parties seek an order of court that authorizes us to hear arguments, review evidence and “find facts” that a judge ordinarily would do after a trial in court. We will also, if requested by the parties or ordered by the court, make recommendations for a judgment, or outcome, of the case. We will write a report of our findings that the parties then submit to the court for further action. This process can occur with the parties alone or with the parties and their lawyers present and participating. When counsel does not participate directly in master’s hearings, we strongly encourage the parties to have lawyers with whom they consult before and between hearings, in financial disclosure and in connection with document drafting. As masters, we will hear ultimate issues, interim or “temporary orders” and discovery disputes, all in the context of divorce or other family law matters. By contract, we will commit to hourly cost and the timeliness of hearings and decisions.

Divorce, Family Law and Probate Case management” is a process in which parties engage us to monitor and regulate their litigation process, often by means of an appointment as a “special master”, or as a mediation/arbitration provider.

We will guide the parties through the settlement or entry of financial and/or parenting “temporary orders”, regulate and resolve disputes over “discovery” (information gathering), valuations; and we will evaluate/mediate cases before trial. We will either “try” the case if not settled, and produce a recommended judgment (master, facts final) or binding award (arbitrator).

By contract, we will commit to hourly cost, timing and the timeliness of decision-making.