Very helpful video thanks! Does one party get attorneys fees in mediation ever? Or is that discussed as part of the agreement? Is there ever a "losing" party where one party doesn't get anything?
Thank you for this explanation on mediation, yes, we did that 12 years ago - after a five year costly divorce - now there is ongoing breach of contract by one party regarding joint marital property. I understand that a marital Agreement has no statute of limitations, so what approach does one take when a party who has no regard for the law, but relishes stonewalling, the silent treatment, degrading, future faking, etc. to the detriment of both parties, although he believes he is interpreting our Agreement accurately. Mr Bordone, Do you have a tutorial on the best approach/procedure for breach of a marital contract?
He is either going to recommend that you go back to mediation to work out a new agreement or to get clarification on implementation of the prior agreement OR he's going to say call a lawyer to get the court to order you ex to follow the marital agreement.
Perhaps, returning to the court that wrote the initial order and petition for a body attachment to criminally charge for not obeying a judicial order. # What is a Body Attachment? A body attachment is a court order authorizing law enforcement to take an individual into custody for failing to comply with a previous court order. # Steps to Request a Body Attachment 1. Review the original court order. 2. Document non-compliance. 3. File a motion for contempt or enforcement. 4. Request a body attachment. 5. Obtain court approval. # Legal Requirements 1. Original court order must be clear and specific. 2. Non-compliance must be demonstrated. 3. Court must find individual in contempt. # Potential Outcomes 1. Individual may be arrested and brought before the court. 2. Court may impose penalties, fines, or sanctions. 3. Court may modify or enforce original order. Consult an attorney or legal aid organization for guidance tailored to your situation and local laws.
Mediation can be binding or non binding depending on the parties agreement in advance. There are no right or wrong parties in mediation unlike in court or arbitration. Mediation is a way for the parites to create their own creative agreements. In arbritration and litigation the outcome is decided by either a judge or jury or panel in Mediation the parties remain in control of the outcome and can actually help them to decide on wasting a great deal of time and money in what could be a loosing litigation. The last issue are "feelings" which are inadmissible in court but can be very important to reaching agreements between parties when a neutral mediator works with each party to allow them a safe place to disagree without fear of being judged. Hope this helps explain why someone might consider Mediation over other avenues to solve a dispute.
Mediation has really high settlement rates, and is far more efficient and cost effective than litigation. If you NEED someone to tell you who is right, and you are incapable of negotiating a deal that both parties can agree on, then yeah it's a waste of time. For most people (even in highly contentious disputes), it's a great option.
Excellent information, very well explained, thank you.
So glad you found this useful!
Very helpful video thanks! Does one party get attorneys fees in mediation ever? Or is that discussed as part of the agreement? Is there ever a "losing" party where one party doesn't get anything?
Thank you for this explanation on mediation, yes, we did that 12 years ago - after a five year costly divorce - now there is ongoing breach of contract by one party regarding joint marital property. I understand that a marital Agreement has no statute of limitations, so what approach does one take when a party who has no regard for the law, but relishes stonewalling, the silent treatment, degrading, future faking, etc. to the detriment of both parties, although he believes he is interpreting our Agreement accurately. Mr Bordone, Do you have a tutorial on the best approach/procedure for breach of a marital contract?
He is either going to recommend that you go back to mediation to work out a new agreement or to get clarification on implementation of the prior agreement OR he's going to say call a lawyer to get the court to order you ex to follow the marital agreement.
Cheaper to just stay married
Perhaps, returning to the court that wrote the initial order and petition for a body attachment to criminally charge for not obeying a judicial order.
# What is a Body Attachment?
A body attachment is a court order authorizing law enforcement to take an individual into custody for failing to comply with a previous court order.
# Steps to Request a Body Attachment
1. Review the original court order.
2. Document non-compliance.
3. File a motion for contempt or enforcement.
4. Request a body attachment.
5. Obtain court approval.
# Legal Requirements
1. Original court order must be clear and specific.
2. Non-compliance must be demonstrated.
3. Court must find individual in contempt.
# Potential Outcomes
1. Individual may be arrested and brought before the court.
2. Court may impose penalties, fines, or sanctions.
3. Court may modify or enforce original order.
Consult an attorney or legal aid organization for guidance tailored to your situation and local laws.
Mediation sounds like a giant waste of time. the guy cant even agree to recommend which party is right in the argument and this is non binding
Mediation can be binding or non binding depending on the parties agreement in advance. There are no right or wrong parties in mediation unlike in court or arbitration. Mediation is a way for the parites to create their own creative agreements. In arbritration and litigation the outcome is decided by either a judge or jury or panel in Mediation the parties remain in control of the outcome and can actually help them to decide on wasting a great deal of time and money in what could be a loosing litigation. The last issue are "feelings" which are inadmissible in court but can be very important to reaching agreements between parties when a neutral mediator works with each party to allow them a safe place to disagree without fear of being judged. Hope this helps explain why someone might consider Mediation over other avenues to solve a dispute.
Mediation has really high settlement rates, and is far more efficient and cost effective than litigation. If you NEED someone to tell you who is right, and you are incapable of negotiating a deal that both parties can agree on, then yeah it's a waste of time. For most people (even in highly contentious disputes), it's a great option.