Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Progressive Lawyer
Mediation and most other forms of alternate dispute resolution are typically employed in advance of the court process. Eleventh-hour divorce facilitation, shortly before a scheduled trial date, differs greatly from divorce mediation convened early on in a case. When mediation is attempted before any litigation begins, the parties often attend without their attorneys. The mediator tries to help the parties reach an agreement by promoting a resolution of the issues. In such situations, the mediator must be very careful not to provide legal advice to the parties. This is difficult, particularly if the mediator is an attorney. Although attorneys usually do not attend mediation before or during the early stages of litigation, it is generally advisable for the parties to consult with legal counsel prior to participating.
Attorneys are usually a part of the mediation or facilitation process, however, if the mediation takes place later in the litigation, or if something like this author's Progressive Divorce(R) or Collaborative Law approach is used. The presence of an attorney allows the mediator to approach things in a somewhat different way. The mediator can be creative in discussing alternate resolution options with the attorneys, as well as with the parties, and does not have to be concerned that the parties might think the mediator is giving legal advice. The mediator, employing a form of “shuttle diplomacy,” can caucus with each side individually, allowing separate discussions to take place in confidence. Confidentiality is particularly important where the parties need to preserve the unknown elements of certain litigation strategies for the trial.
Shuttle diplomacy also allows the mediator to buffer non-productive emotional responses, especially because emotions often run high late in the litigation. Separation is usually mandatory where there are domestic violence restraining orders in place, and advisable where there are power imbalances between the parties.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.