Divorce & Family Law Insights — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

Confidentiality and Privilege in the Mediation Process

Published on: October 26, 2022 | by Nicole A. Kobis and Honorable Katherine Dupuis, (Ret.)

Imagine you attended a mediation in a hotly contested matter which turns out to be a total waste of time because your adversary was late, unfamiliar with the file or unwilling to entertain settlement discussions. Is it permissible to tell the trial judge about your adversary’s failure to act in good faith? What if you are able to reach an agreement but one side later refuses to acknowledge that agreement? Is there any recourse?

Imagine you participate in a mediation which is unsuccessful. Your adversary files a motion wherein it is disclosed that your client was willing to waive alimony at mediation. You, of course, are furious at this misrepresentation because that is only part of the story. What has been omitted is that your client was only wiling to waive alimony in exchange for receiving 100% of the property in equitable distribution. How do you respond?

The General Rule

Post-Divorce Modifications & Mediation

Published on: April 29, 2021 | by Honorable Katherine Dupuis, (Ret.)

It is not uncommon in these difficult times for one ex-spouse to seek a modification of the divorce decree. COVID has caused changes in everyone’s life. A party may have lost income or even their job and seek to decrease alimony and child support. Or concerns over the safety of unvaccinated children or the failure of an ex-spouse to receive a vaccination may lead a party to seek to modify visitation.

Litigation over these issues was already time consuming before the pandemic caused a backlog of matters before the courts. You and your family may be better served by bringing your issues to mediation with a retired judge. During my 27 years on the bench I served 6 years as the Family Presiding Judge where I tried hundreds of cases and assisted in the settlement of many more. These cases involved alimony, child support, equitable distribution and custody. I also ruled on hundreds of post judgment applications. I believe my experience can be beneficial to ex-spouses who wish to reach a mutual resolution of their family law issues in a timely manner.

How Mediation Can Resolve Common Disputes That Arise During Will Probate

Published on: October 15, 2020 | by Honorable Katherine Dupuis, (Ret.)

Probate disputes often reflect the worst aspects of family law coupled with issues of undue influence.

At the time of a will probate dispute the court system is seeing the litigants at a trying period in their lives. They have lost a loved one and tensions are running high as to the actual intent of the deceased person. While the parties may be furious with one another, there is always the hope that some degree of familial ties can be preserved. Mediation is uniquely suited to resolve these tensions. The litigants can tell their sides of the story to the mediator, who has the time to listen. In my experience, it is very important for all litigants to feel as if their side of the dispute has been properly told. It is after this emotionally draining experience that they are ready to find common ground and solutions to the problems presented.

Challenges frequently arise when all heirs are not treated equally. One child may feel they had the burden of caring for the aging parent and should be compensated. A variation of this story arises when the elderly parent has given a power of attorney to only one family member. After death disputes arise as to assets that may have been spent by the child with the power of attorney. Rarely have receipts been saved, and frequently large amounts of cash have been paid to home health aide. Expensive litigation and a trial will only serve to reduce the assets. A mediator can help the parties narrow their actual disputes and discuss the cost of proving the righteousness of a position. The insight of a neutral third party is invaluable.

Virtual Divorce: How to Move Forward with Your Life During the Pandemic

Published on: July 30, 2020 | by Honorable Katherine Dupuis, (Ret.) and Nicole A. Kobis

The Honorable Judge Katherine Dupuis, (Retired) and Nicole A. Kobis, partner at Lindabury, McCormick, Estabrook, & Cooper, P.C., explain how divorce can be handled virtually

If classroom lessons and workout classes can be conducted virtually, does the same hold true for divorce proceedings?

The short answer to this is yes. Virtual alternative dispute resolution will result in a faster divorce process during times like these when the courts have limited capabilities and a back log of matters to be heard.