Need a decision, but clients don't have the resources or time to wait for a trial? Consider Family Law Arbitration (website with advantages, FAQs, Directory, and Calendar) Phone and video arbitration available
Since the start of the pandemic, Chief Justice Moreau has hosted a series of meetings with members of the Bench and Bar from various practice areas to share information regarding court operations, discuss ideas and answer questions. The Chairs of the CBA Family Section Executives (North and South) have been invited to participate in these meetings. Minutes approved by Chief Justice Moreau are then being shared with CBA section members.
Attached are the minutes from the August 13, 2020 meeting. Issues discussed include filing timelines, family docket court, chambers, desk applications, changes to the case management process, COVID-19 safety measures, Webex courtroom etiquette, summer and fall trial bookings, and concerns from the Family Bar.
Justice Gross in the webinar yesterday called it a dizzying array of sometimes daily changes and hard for the people at the court house to keep up too! I say all the more reason to look to solve it privately in med/arb. The court clearly doesn't have the time for us anyway and it is possible to set up a cost effective process with some reasonable cooperation and problem solving with all involved. Arbitration is not just private court with all its rules and trappings no matter how much we all try to "legalize" it and make it so. Those of us doing arbitration have a duty to make it "proportional" - no more process than is needed but as much process as is needed.
The key is ensuring fully informed consent by the parties involved. I wonder how often parties have fully informed consent about court processes? if they did how many would choose that? In my experience very very few.
The key is what is fully informed consent? That is an area that is starting to see negligence claims in the USA against family lawyers.
It IS a lot of work. And expensive for clients on the front end, but better than the costs of not having it.