Showing posts with label Alternate Dispute Resolution. Show all posts
Showing posts with label Alternate Dispute Resolution. Show all posts

Monday, September 23, 2013

Parent coordinators help parents avoid court.

When parents separate or get divorced, they frequently have difficulty cooperating with the other parent. The hostility between the parents can make every decision concerning children a battle. Frequently, this inability to cooperate results in litigation as the only resolution is a decision by a judge. A low cost and quicker alternative to litigation is a parent coordinator.

A parent coordinator is a third party who makes decisions concerning children when the parents can't agree. It is a form of alternative dispute resolution but it is not created by state law. In Massachusetts, it is created by an agreement of the parties. In a written agreement, typically a divorce separation agreement, the parties spell out the powers of the PC and the rules by which the PC will function. The agreement is approved by a Judge and becomes an order of the Court. The agreement allows for either party to appeal a decision from the PC to a Judge. Usually, the PC has an initial interview with the parents and then resolves issues utilizing telephone calls and emails. While the PC charges by the hour, they usually charge less than an hour for most decisions.

Parent coordinators can help the parents make better decisions, save money, and eliminate stress. Consult an experienced family law attorney to incorporate PC provisions in your parenting agreement.







Wednesday, August 25, 2010

Is mediation to settle a divorce right for you?

Mediation as a way to settle divorce cases is growing in popularity. If it works, it will save the parties money and will be quicker than a divorce trial. However, mediation is not for every couple. Mediation is a process that encourages compromises. If both parties are not willing to compromise to settle the issues, then mediation is not appropriate. Both parties must be willing to share financial information and look for a fair and reasonable settlement. Custody disputes are not well suited to mediation. Mediation looks to compromise by both parties meeting halfway. If both parties want primary custody, meeting halfway results in a custody situation where the child spends equal time with each parent. This may not be in the child’s best interest.