In many civil cases, mediation is a potential option prior to a final hearing or trial to allow the parties to negotiate with the assistance of a mediator. A mediator is a neutral third party who acts as a go between for the parties and work with both sides towards a settlement. However, a complete settlement is not the only outcome of mediation. Even if mediation fails to settle every issue before trial, there can be diverse outcomes of mediation that can assist the parties and help narrow issues for trial. Mediation, even when it fails to settle each issue completely, ...
Tag: blog post
April 1, 2014CD
Often, in litigation matters, clients are concerned about what happens in court or mediation. However, it is often the “little things” that happen outside of court that can cause bigger problems for the client and their case. The list below is just a few pointers to assist a litigant during the pendency of a case. 1. Be careful with (or quit altogether) social media Social media is a part of many people’s daily lives. Wanting to check updates or write updates about your life is pervasive throughout today’s society. However, when you are involved in litigation, it is imperative to be extra ...
March 4, 2014CD
A QDRO (pronounced quadro) is a Qualified Domestic Relations Order. A QDRO is used to divide certain types of financial accounts, such as retirement 401K and IRA. This is necessary because these financial accounts often have restrictions for withdrawing funds, unlike a cash savings account, such as major tax consequences. Remember that when a couple divorces, all of the assets and debts either party owned before or during the marriage must divided equally (there are some exceptions for an unequal division). This includes investment accounts such as brokerage accounts, IRAs, 401Ks, cash, real estate, tangible property (furniture or collectibles), etc. Yes, ...
February 27, 2014CD
For readers of our blog posts, the educational focus of our articles is not new: each blog is aimed at giving each and every reader a new insight into the wonder of the American legal system. While it is easy to hone in on its sometimes glaring shortfalls, we live in a free, safe, and thriving society where our money is safe in banks, most disputes are not settled by bloodshed, and our clan does not set our future. The rule of law prevails because of our dedicated judges and attorneys. Listen to the daily world news and you will see ...
March 1, 2012CD
On the whole, most litigants, attorneys and judges would agree that divorce is not a good thing or a pleasant process. Yet, it is a reality for one in every two marriages. However, there are a number of legal concepts, such as no-fault divorce to binding arbitration, which globally seek to minimize the emotional and financial impact, as well as speed up what is usually a lengthy process. Sometimes this is not enough to address the facts (typically financial) of a given case. In the last blog post, addressing legal separations for older adults, Ciyou & Dixon, P.C. began looking at new ...
December 29, 2011CD