Fam. Law Ch 13

• Reduces cost (maybe)
• Saves time (maybe)
• Helps reduce emotional costs/less animosity
• Possibility of a win-win situation
• Better for the children
• Control over the process
• Privacy

• Slow process
• Expensive
• Inflexible
• Somone ends up "losing"

• Meeting between the parties and their lawyers with goals to settle the case w/o court intervention
• Occurs anytime before the final hearing
• Successful = agreement

• Parties negotiate w/ the help of a neutral 3rd party/
• Can be mandatory or voluntary
• Mediator does not have to be an attorney.

• Memorandum of Understanding
• Separation Agreement
• Can have partial agreement or none at all

Parties, who have difficultly being around one another, meet separately at different times with a mediator. The mediator goes back and forth between the parties.

• Similar to private judging
• Neutral third party renders a decision
• Blinding/Non-blinding
• Appeals from this are limited

the attorneys and clients to act as a team; removing the pressure of “winning” at trial. The attorneys and clients sign a “not to litigate”agreement and if there a failure to resolve the case, then the parties are required to find new counsel.

• Neutral 3rd party works w/ parents to help resolve disputes.
• Goals such as:
• establish & follow a parenting time schedule
• resolve & reduce conflicts over parenting
• decrease constant litigation

• Open to the public
• Bench trials

• Court will look to see if its fair or one-sided
• Usually approved
• Approved = merged into dissolution decree and considered a court order

• Entrenched baragaining - not willing to compromise
• Unrealistic expectations
• Intimidation tactics
• anger towards spouse

• Parties:
• exchange witness lists or when they will be
• disclose exhibits
• narrow the issues to be tried
• establish any issues that may need to be addressed beforehand
• establishes dates and times of important trial events

• Research
• Evidence is assembled (Testimony, witnesses-experts or lay)
• Creating the trial notebook
• Document creation and client notification