4

Usually and ideally, a GAL would take an active role in parenting questions, while taking a secondary role in property division and maintenance with the primary concern being that the economic arrangements are sustainable and don't subject the child to hardship when with the other parent (e.g. many divorcing parents fail to realize that maintaining two ...


4

Acrimony Mowzer makes some good points. Another one is the parties may just hate each other. In some strands of legal theory, it's considered a type of transaction cost that keeps people from bargaining before and after litigation.


3

Other reasons mentioned in other answers have some merit, but here are two more important ones that hasn't been mentioned yet. Uncertainty Negotiations in court cases generally take place "in the shadow of" an expected range of outcomes if the parties go to trial. People don't spend money on lawyers when the outcome is highly predictable and clear. In ...


3

Lack of common ground for a compromise Sometimes the parties' positions are just so far apart and so entrenched that no compromise is possible. If both parties are fully and utterly convinced that their desired solution is the only fair solution, no compromise is possible - then only a court can break the tie. As far as I can see, this most frequently ...


3

1. Inexperience with mediation. If they have not done mediation before, they might not be aware it exists. Much less the improvements it can offer over the traditional court method. Mediation is considered alternative dispute resolution process. And everyone is not always aware of what the alternatives are in their situation and what the advantages might be....


2

Your mediator should meet with each party prior to the mediation and answer these questions for you. A mediator can (should?) operate with no background briefing: after all they are not a decision maker. Their role is to facilitate the parties in working out their differences in their own way: a mediator does not offer solutions or act as an umpire. All ...


2

Mediation, which is another name for a settlement negotiation facilitated by a third-party, doesn't always resolve a dispute, but it generally resolves disputes more often than the parties expect that it will going into the process. In many jurisdictions, it is required before going to trial on the merits in anything other than a special expedited ...


1

Defamation is a tort1 It has all the remedies available to any tort. The typical ones sought are damages and an injunction requiring the defamer to issue an apology. Of course, the parties are free to agree on any restitution they like in alternative dispute resolution. 1It can also be crime in many jurisdictions. either generally or in specific ...


1

Except arbitration, many of the terms you list are essentially synonymous to mediation. Doubting that (and without knowing whether) this is any different in Florida, I can say that in Michigan the Small Claims court orders the parties to attend mediation, and the court schedules one accordingly. Mediation is a prerequisite before small claims court even ...


1

Mediation is a private and explicitly confidential process - it is unlikely that any information is public. In fact, one of the main reasons people choose Alternative Dispute Resolution like mediation is that it allows them to keep private the fact that they are having a dispute.


1

Obstacle #1: Emotion Family law issues are wrought with emotion. This clouds judgment and reasoning capacity. This is the biggest obstacle in my experience. Obstacle #2: Punishment motive Related to obstacle #1, this is a very specific desire of one party to "punish" the other for perceived past wrongs. Obstacle #3: Lack of prioritizing children's ...


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