"We must come to see with the distinguished jurist of yesterday that 'justice too long delayed is justice denied.' "  - from the Letter from Birmingham Jail by Martin Luther King, Jr. 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. T...

In 2014, we didn't know yet who would be running for president in the 2016 election, the Guardians of the Galaxy  had just arrived, Pharrell Williams was " Happy ", and the Ebola virus outbreak was reaching epidemic proportions in West Africa. Also, in 2014 we posted a 3-part article on Starting the Divorce Process , and despite how much has changed since 2014, divorce is pretty much the same.  You have a choice when getting divorced; you decide how much professional help you want, how much control you want to have over the outcome, and how much time and energy you have to devote to your divorce. What is different in 2020 is the continued growth in popularity of divorce process options that focus on family over fighting.  More professionals are trained every year in collaborative law and mediation.  Conscious uncoupling has become a buzzword for a better divorce. More and more resources are showing up to help explain the options in divorce in more understand...

Guest Post by Attorney & Arbitrator Anthony C. Adamopoulos * A recent decision of our Appeals Court, Gravlin v. Gravlin , is good news for those facing divorce. For collaborative divorce attorneys and divorce mediators, the decision confirms that arbitration is the viable alternative to court litigation for resolving a single issue or even taking the place of a full court trial. In Gravlin , the Appeals Court acknowledged: “… arbitration has long been recognized as a valid means of resolving disputes between divorcing parties.”   This blog's primary author, attorney/mediator Justin Kelsey , has often praised the value of using alternatives to divorce litigation; with Gravlin , the Appeals Court has stamped an imprimatur of sorts on divorce arbitration. While arbitration is available to replace a public court trial, I encourage the use of collaborative divorce or mediation to “work out” divorce issues, as discussed in previous posts on this blog . However, if col...

Tom Brady along with the National Football League Player's Association are currently in a federal lawsuit in a U.S. District Court against the National Football League.  The case centers on the appropriate use of power by the NFL commissioner to act as labor arbitrator, but is that really what it is about? How did the loss of a small amount of air in a few footballs balloon into a federal case?   Attorney James M. Lynch of Stevenson, Lynch & Owens, P.C. recently wrote an excellent post outlining the legal arguments that both sides have, and why, in his opinion, Brady has the stronger case:  Brady Federal Deflategate Appeal: A Lawyer’s View .   As a lawyer, I found the analysis intriguing, but as a mediator, I wonder if the legal analysis of this case misses the point. Tom Brady isn't in court to stand up for labor unions.  The fans and the public don't care that much about whether Roger Goodell's decision was consistent with the "practices of industr...

Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds ranging from private family matters to the very public NFL lockout .  But there is still a significant amount of confusion about what is mediation and what can a mediator do for you.  Some of the most common misconceptions follow: 1. Mediation is NOT Arbitration! Many people assume that the purpose of a mediation is to have a trained third party help them make decisions by choosing a solution when they can't agree, and this misconception has been popularized by shows like Untying the Knot .  Bravo TV's show about a New Jersey divorce attorney and mediator, Vikki Ziegler, follows one issue (usually property division) through brief evaluation and "recommendation" sessions. In order to be able to fit the resolution of an issue into a half hour of drama, the show has a formula based on Vikki pushing the spouses to settle their disputes by making a "...