Skip to main content

A Template for Avoiding Court

By
"We must come to see with the distinguished jurist of yesterday that

'justice too long delayed is justice denied.'" 


Seeking and obtaining the assistance of the courts in resolving disputes is a right afforded the residents of our republic, but it is not always administered justly and equally.  Many have been denied those rights over the years due to discrimination or economic limitations, and it is a privilege of access that many others have come to take for granted.

The COVID-19 crisis has highlighted just how necessary court access is in emergencies, and also delayed significantly the access to courts for non-emergency matters.  Unfortunately, what constitutes an emergency is very limiting, and for many this means bearing the stress and trauma of ongoing litigation for much longer than even the normal lengthy process.  Now more than ever is the time to consider alternatives.

The most common rejection of mediation, and other forms of out-of-court dispute resolution, is that the other side wouldn't agree or participate in good faith.  As with anything else we don't control the decisions of other people, and we must focus on what we do control, our own actions and reactions.  So if you want to try mediation, or another forum, then ask yourself whether you've done everything you can to make that possible.  In order to facilitate that process, we are sharing a sample letter and explanatory flyer (links below).  We're encouraging you to consider using these templates to find the right forum for your case:

Download: Sample Letter suggesting use of out-of-court dispute resolution

Download: Sample Flyer describing the options for facilitating out-of-court dispute resolution

Outside of Court you have other forum options including:
The sample flyer includes a short description of each of these forums, and the sample letter provides a template for sharing your interest in one or more of the options.  

We encourage you to consider how you can affect your current situation and what action you can take.  When it comes to seeking ways to resolve your conflict, I'm reminded of the lottery tagline "you can't win if you don't play."  If you don't at least ask the other side to try mediation, then you can't keep saying they are the reason you haven't tried it yet.

For more templates to assist in the settlement of divorce matters in Massachusetts, visit the Gray Jay Endeavors, LLC divorce forms website.



Labels:

Comments

Post a Comment

Popular posts from this blog

New Massachusetts Child Support Guidelines (2021): Big Changes, Little Changes, Typos & some Unexpected Results

By
UPDATE: The court has released a web calculating version of the 2021 MA Child Support Guidelines Worksheet .  It resolves some of the typos referred to below, but the unexpected calculations still apply. Every four years, per federal mandate, the Massachusetts Probate & Family Court revisits the Child Support Guidelines through the work of a Task Force appointed by the Chief Justice.  The 2021 Massachusetts Child Support Guidelines were recently posted.  They take effect on October 4, 2021.    If you are interested in a training on all of these changes to the new Child Support Guidelines: DMTA Presents the 2021 MA Child Support Guidelines Update  – Attend this event to learn the key updates you need to know for your mediation clients. Presented by Justin Kelsey of  Divorce Mediation Training Associates  and  Skylark Law & Mediation, PC . For a full comparison of all the  tracked changes between the 2018 and 2021 Massachusetts Child Support Guidelines you can download a pdf sho
Post a Comment
Read more

What is the purpose of the Divorce Nisi waiting period?

By
In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened. In addition to offering a grace period to change your mind, the Nisi period has three other legal effects: 1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, be
76 comments
Read more

Online Tool for Creating Parenting Plans

By
It is our hope that all families find a way to resolve conflict peacefully.  This is especially true when children are involved.  Divorced or separated parenting has many complications and the first is just deciding how to share time with a child from two separate households.  Developing a schedule can result in a lot of tension, especially if parents have trouble picturing how this new schedule will interact with their work schedules and the schedules of their children. To help make this easier, we've created an online tool for creating parenting plans that is simple and easy to use: We encourage parents, regardless of the process they are using to divorce, to use this form to assist in evaluating and settling custody disputes. The form allows you to choose between the Model Parenting Plan proposals or customize your parenting plan over a four week period by clicking directly on the form.  When you click on a section of the calendar it switches between Mom and Dad, an
Post a Comment
Read more