(Or, finding the better path – a divorce lawyer’s perspective.) “Marriage Story” might more accurately (though less invitingly) be titled “Divorce Story”. It’s a tale about the divorce experience. While that experience is unique for …
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"Marriage Story" – Fact or Fiction?
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Maryland Child Custody – What ARE the Best Interests of the Child?
When it comes to where a child of separated parents lives, the child’s schedule for spending time with each parent, and decision-making about a child, the guiding principle is the child’s best interests. In settlement, …
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Na v. Gillespie – Confidentiality & Mediation
On December 1, 2017, Maryland Court of Special Appeals issued its opinion in Na v. Gillespie, a case involving a dispute about whether the parties had reached an agreement in mediation and whether mediation communications …
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Attorney as Neutral – Is it time to update Maryland’s rule about attorney mediators drafting settlement agreements?
I recently had the pleasure of attending a seminar about Wisconsin’s update to its rules of practice for attorneys, allowing attorney mediators to draft settlement and other court documents. The rule went into effect July …
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Why Don’t All Mediators Draft Settlement Agreements?
There are two camps of mediators: those who draft agreements and those who don’t. For those who don’t, they draft a list of settlement terms for the parties to take to their own (separate) attorneys …
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A Contract by Any Other Name…Still a Contract
Many family law matters settle. Using many different settlement methods. Whatever settlement method is used, the parties need to get from a shared understanding of the settlement terms to a document confirming those terms. In …
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Is Mediation a Substitution for Attorney Representation?
Short answer: No. More and more, I see mediation framed as a “one-stop” solution for couples who want to resolve their family matters. However, mediation is not the same as being represented by an attorney. …
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Limited Scope Representation & Settlement
This post expands upon my previous post on Limited Scope Representation. Limited scope representation means hiring an attorney to provide services for certain, but not all, tasks. It is “a la carte” representation, choosing from …
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Unenforceable Agreements to Agree & Family Law
In Maryland, “agreements to agree” are generally unenforceable. For a contact to exist, the terms must be “sufficiently definite”. If the parties’ terms are too undefined, a court cannot make a contract for the parties. …
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What Will Settlement Cost?
The question asked in every initial consultation. And, a question clients should ask throughout the attorney-client relationship. The truthful, but dissatisfying, answer: It depends. It depends upon you, the other person, the other attorney, and …
