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for you in January, one day in March, two days in April, and so on. You get the picture. Each time your lawyer has to refresh himself about your case, it costs you. Arbitrators, on the other hand, usually meet day after day, until your case is fully heard. Your lawyer only has to prepare once. |
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4. Your case may have been in court (without being tried) for so long that you just want it over withyou are more than willing to go to arbitration to save time. |
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After you and your spouse have agreed you want to have your case arbitrated, the lawyers usually pick the arbitrator. Often arbitrators are retired judges or lawyers with an area of expertise, such as matrimonial law, and are thus quite competent. Like mediators, their fees must be paid by you and your spouse. |
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The Least You Need to Know |
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Mediation works best when both of you can communicate, when you know what assets and liabilities you have, and when you are both willing to be flexible and want the process to work. |
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Mediators should have a degree in social work, counseling, psychology, and possibly law; but even without a law degree, they should be thoroughly familiar with the matrimonial laws of your state. |
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The prospective mediator should have prior experience. |
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There is no attorney/client privilege between the mediator and you. |
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Any agreement arrived at with a mediator should still be reviewed by an attorney. |
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Do not sign any agreement with which you feel uncomfortable, but be sure that your discomfort is rooted in logic, not emotion. |
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If you and your spouse would not appeal a trial judge's decision, and if your case has dragged on and on because the court is backlogged, consider arbitration. |
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