Mediation: Three Discernible Methodologies
September 26, 2007
In addition to collaborative divorce, another alternative to litigation is mediation. Mediation is a 'consensual dispute resolution process in which a specially trained neutral third party helps disputants to identify issues, clarify perceptions and explore options for a mutually acceptable outcome.'
The Child Specialist in Collaborative Divorce
September 26, 2007
Matrimonial lawyers and professionals know that parents play out old marital dynamics intensified by the divorce when they discuss parenting arrangements. In Collaborative Divorce, the team creates a framework by affirming that the children's needs are distinct from the parents' needs and, especially, from their views of each other. Because neutrality is hard for parents, the team needs to offer a great deal of support so that the child specialist can remain neutral.
The Mediation Process in New Jersey
September 26, 2007
The 'Uniform Mediation Act' ('UMA') was adopted by New Jersey on Nov. 22, 2004. The Act establishes uniform standards and procedures for mediation and guidelines for the mediators; it was codified in N.J.S.A. 2A:23C-1 <i>et seq.</i> The UMA has generally retained the same structure in most states that have adopted it, although many of them have made slight modifications. This article explains.
Collaborative Practice
September 26, 2007
Is collaborative practice for you? The author feels that, with this relatively new concept, a family law practitioner who has not tried this method may still have a few questions. Here are the 10 most frequently asked questions ' and some answers.
What Is Team Divorce?
August 30, 2007
Divorce isn't just divorce anymore. At least not if you are on top of your game in Family Law. As the September issue of <i>The Matrimonial Strategist</i> describes in several different articles, Interdisciplinary Collaborative Divorce is the wave of the future. <i>The Matrimonial Strategist</i> first discussed Collaborative Law Divorce in May, 2006. To quote Editorial Board Member Charles J. McEvily, 'The hallmark of the Collaborative Divorce is the execution of an agreement by both parties and'
What Is Team Divorce?
August 30, 2007
Divorce isn't just divorce anymore. At least not if you are on top of your game in Family Law. As the September issue of <i>The Matrimonial Strategist</i> describes in several different articles, Interdisciplinary Collaborative Divorce is the wave of the future. <i>The Matrimonial Strategist</i> first discussed Collaborative Law Divorce in May, 2006. To quote Editorial Board Member Charles J. McEvily, 'The hallmark of the Collaborative Divorce is the execution of an agreement by both parties and'
Litigation
August 29, 2007
A recent case for your review.
Insurance Trusts Post-Divorce
August 29, 2007
To address existing irrevocable life insurance trusts (ILITs) in the context of a divorce, there are five steps that practitioners must take. The first four were addressed in Part One of this article: Collect Documents; Analyze Current Circumstances and Facts; Establish Insurance Objectives; and Review Existing ILIT to See If and How Objectives Can be Achieved. The conclusion discusses the fifth step.
The Value of a Divorce Coach
August 29, 2007
Have you ever had cases that you felt were appropriate for collaboration, where the clients and lawyers got started but then the clients disengaged from the collaborative process somewhere along the way? This article explains the value of a divorce coach in the collaborative process.
Interdisciplinary Collaborative Divorce
August 29, 2007
This and the next issue of <i>The Matrimonial Strategist</i> explore the Interdisciplinary Collaborative Divorce method. In the Interdisciplinary Collaborative Divorce, one of the parties chooses the collaborative process after consultation with a collaborative attorney or a mental-health professional who participates in a collaborative practice group. If both husband and wife decide that the Interdisciplinary Collaborative Divorce model would be appropriate, they choose an interdisciplinary team to assist them in settling the issues presented in their case.
