Do We Need More and Better Court Intervention in Domestic Relations Cases?
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…
Shuttle Mediation: What It Is, and Why Most Divorcing Couples Should Avoid It in Favor of a Better Method
What is shuttle mediation (and yes, you’ll want to know before you go to mediation)? Shuttle mediation is a process where a mediator moves back and forth between two parties…
When Should You Settle Your Divorce Case? By Braxton Mounteer, Legal Assistant
Over the course of your divorce, you may be tempted to throw in the towel and give up. You may also be tempted to fight to your last breath. Either…
What’s wrong with divorce mediation in Utah?
Much. And much that you can prevent, once you know what to avoid, what to do, and why. Profiteering mediators. It’s hard to find anyone selling goods or services these days…
Thayne v. Thayne – 2022 UT App 122 – Change of Circumstances
2022 UT App 122 THE UTAH COURT OF APPEALS STEPHANIE THAYNE, Appellee, v. DEVIN THAYNE, Appellant. Opinion No. 20200598-CA Filed November 3, 2022 Second District Court, Ogden Department The Honorable…
How do lawyers drag out court cases?
How do lawyers drag out court cases? In some respects, the ways are limited only by the power of one’s imagination, but the most common ways I have experienced in…
Why would a court/judge want the opposing parties to settle?
Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case.…
Are older lawyers better?
Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to…
Why do lawyers like to handle large divorce settlements?
Why do lawyers like to handle large divorce settlements? The more complex and acrimonious the case and/or the more there is at stake, the more work there is to do.…
If we agree on our divorce terms, do we need attorneys?
If we agree on our divorce terms, do we need attorneys? In a less complicated divorce, where each party has already agreed to the split of assets, do they each…
Should I review the proposed settlement agreement with my own lawyer?
In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why not?…
How can I turn arguments into negotiations and agreement?
How can I turn arguments into negotiations and agreement? If you could only read and apply one book on the subject, I would recommend “Start with No,” by Jim Camp.…
If we agree on child support and custody, can the judge reject our agreement?
If my husband and I agree on child support and custody in mediation, can the judge reject our agreement? Yes. A judge is not obligated to approve of and adopt…
Must I engage in all-day divorce mediation or some other time period?
Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in…
Can you tell the judge to award no alimony if both parties agree and settle?
Well, you can’t dictate to your judge as to what your judge will do, but if you and your spouse agree that no alimony will be awarded and then tell…
Should we put divorcing couples in an adversarial divorce court system?
People who are getting divorced fall into one of two categories: those who want to divorce while doing each other as little harm as possible; and those who don’t care…
Why doesn’t family law immediately use collaborative law practices to reach decisions?
Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how…
Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?
Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she…
Good and Bad Advice About Preparing for Mediation
There's a lot of advice on how to prepare for and go to mediation successfully. But how good is the advice? Let's find out. Read this article about how to…
A real client’s questions about divorce settlement and mediation
Here is a real client’s questions about divorce settlement and mediation. Don't worry, I've removed the names and changed out the details to protect confidentiality. This client asked a lot…
