Tag

Mediation
Man signing contract, black man hand putting signature on official document, biracial clients customers couple make purchase or sign prenuptial agreement concept
Mediation is the most common form of alternative dispute resolution (ADR) in Kentucky. In fact, many Judges in divorce and family law matters will require mediation before setting a final hearing or trial date. So, what is mediation? The American Bar Association describes mediation as “a private process where a neutral third person called a...
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Update: Opinion withdrawn BAAS V. BAAS Husband and Wife entered into a bullet-pointed informal mediated agreement. Wife signed based on the mediators representations that a tax credit Wife would receive in the agreement offset the difference in Wife’s valuation and Husband’s valuation of his businesses. When Husband’s attorney put together a formal agreement, Wife refused...
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From the Louisville Bar Association: LOUISVILLE—As the number of juvenile delinquency and violence cases involving our cities’ young people continues to grow, the Louisville Bar Association (LBA) is doing its part by helping to educate our youth by teaming up with JCPS and other local organizations to host the inaugural program A Meeting of the...
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Meeting
I am pleased to have the permission of Madison, Wisconsin attorney Linda Roberson of the firm Balisle & Roberson to publish lock, stock and barrel her most thought provoking comparison of collaborative and cooperative family law.
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Raisor v. Raisor, ___S.W.3d___(Ky. App.)Ex-Wife appealed from TC’s order adopting the Separation and Property Settlement Agreement between Ex-Wife and Ex-Husband. The parties had reached a property settlement agreement at mediation, memorialized by the mediator’s handwritten notes, which was signed by the parties, their respective attorneys, and the mediator. Thereafter, Ex-Husband’s attorney tendered a formal settlement...
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A full digest will follow shortly, but here’s the short version: Raisor v. Raisor, Handwritten settlement outline signed at mediation was incorporated into formal MSA and approved by trial court. Affirmed. At trial court wife wanted outline approved but not MSA prepared by husband. On appeal she claimed outline ambiguous. One can’t “feed one can...
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From Rachel Levy’s report in Expatica, some quotes: Three years ago, Dutch national Hans’s life was one of turmoil as he, his children and ex-wife living in Canada were entangled in a messy child custody wrangle. Following a tough international legal battle, he had won custody over his children and brought them back to the...
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Maybe it’s not mediation that’s ready for reform, but our reliance on lawyers using evaluative mediation that’s ready for reform.
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Pure gold: Ten Settlement Conference/Mediation Traps For The Unwary, from Settle It Now Negotiation Blog.
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Andrea Schneider at Marquette University Law School has a forthcoming article with disconcerting but not surprising conclusions, What Family Lawyers are Really Doing When They Negotiate. From the abstract: After discussing what skills are needed for effective negotiation behavior, the Article then looks more closely at how family lawyers in particular are negotiating.
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