781.708.4445

wmlevine@levinedisputeresolution.com

Divorce Mediation Blog

Divorce Mediation and Arbitration Hybrid

Thursday, October 18, 2012

We have recently encountered an interesting model for a hybrid dispute resolution process. It resulted from discussions with two family law attorneys who were motivated, along with their clients, to try hard to achieve a facilitated settlement, while avoiding the use of public trial in court, in any event.

The parties engaged both of the principals of LDRC to work on the case. They agreed to have their lawyers begin by informally presenting the essential agreed and disputed “facts” to one of us for an evaluation of strengths and weaknesses, followed by mediation. Failing settlement, the parties would then present the key disputed facts to the other LDRC principal, as an arbitrator, to decide and settle the key points presumed to be the root of the parties’ impasse. In the interim, the principals would not discuss the case with each other, at all.

With these key facts no longer at issue, the parties would return to work with both principals, now as co-mediators, bringing all perspectives possible into the mediation room, or quite likely, rooms (the mediators “shuttling” between each party-lawyer team). In the absence of resolution, the mediators would change hats, and simply decide the case as arbitrators.

We believe that this promises an efficient, fair and final process.



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

dispute resolution alimony orders Massachusetts lawyers family and probate law disputes Baseball Major League Baseball Arbitration traditional negotiations MLB labor agreement conciliation arbitration divorce arbitration Act Reforming Alimony in the Commonwealth divorce and family law family law mediation divorce lawyers high-risk methodology Alimony Reform Act family law arbitrator IRC §2704 Massachusetts Alimony Reform Act Levine Dispute Resolutions family law fraud Divorce Agreements med-arb pre-ARA alimony mediations family law arbitrators family support Massachusetts alimony Self-adjusting alimony orders child support divorce mediation divorced divorce agreement mediation Obamacare Massachusetts divorce lawyers divorce mediations Massachusetts alimony and child support SJC health coverage facilitated negotiations divorce judgment divorce and family law mediators divorce mediator Uniform Arbitration Act divorce process Cohabitation private dispute resolution Levine Dispute Resolution Center LLC lawyers annulment litigation divorce litigation medical benefits The Seven Sins of Alimony separation support orders Baseball Players alimony statute Family Law Arbitration Child Support Guidelines COLA Divorce Boston rehabilitative alimony health insurance Baseball Arbitration special master Massachusetts Same Sex Marriage divorce arbitrator med/arb General term alimony self-adjusting alimony mediator arbitrators arbitrator lawyer Defense of Marriage Act how baseball arbitration works Levine Dispute Resolution Center Massachusetts Lawyers Weekly alimony reform legislation DOMA family mediation LDRC divorce arbitrators alimony disputes divorce mediators mediators Levine Dispute Resolution Chouteau Levine lawyer-attended mediation Matrimonial Arbitration Massachusetts divorce mediators alimony law resolve disputes