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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

I didn’t want to talk to my married friends (which was every friend I had) and I had no family living near me. I felt like I was all alone and it was a horrible feeling. Looking back, that was my motivation for starting Divorced Girl Smiling. I didn’t want men and women getting divorced to feel like I did. I wanted to create an online place for people to go to get information and to feel connected, supported and less alone.

For those getting divorced, here are 12 things I wish someone would have told me when I was getting divorced:

1. The day your soon-to-be ex moves out, you will feel surprisingly very relieved.

The sadness you thought you’d feel will instead be such reprieve, that you will almost feel joy. Don’t feel guilty about that. You’ve been unhappy for so long, you deserve a break.

 2.  When getting divorced, you might get attorney statements that will make you physically nauseous.

If you want to avoid that, don’t let anger and resentment take over. Instead, try to settle or mediate with your ex. I know you probably don’t want to talk to the person right now, and there is so much anger and resentment present, but try to think of the divorce as a business deal.

Put your pride aside and talk to him or her, no matter what happened. You can’t undo what he or she did, or what you did and you can’t change why you are getting divorced.You will save so much money if you think of the money you are trying to save for your children by getting divorced without a lengthy and expensive battle.

3.  You will not be alone forever.

It feels that way right now, especially if you are getting divorced because your spouse left you for someone else. Dating after divorce can be wonderful, and you will FOR SURE meet someone at some point (if that’s what you want). I’ve never met a divorced person yet who hasn’t fallen crazy in love. It just takes time.

4.  Your kids are probably going to cry a lot, feel sad, do strange things or misbehave.

Children whose parents are getting divorced sometimes feel angry or sad or scared or guilty, (like it’s their fault). Oftentimes, they don’t know how to process it. Just talk to them. Always keep the lines of communication open. But don’t try to reason with them. Just validate how they feel. Keep telling them that you understand how they feel that way. AND drill it in their heads that it’s not their fault.

5.  Your relationship with your ex will be like it was in your marriage.

If you fought a lot in marriage, you will fight a lot in divorce and after divorce. If he or she was passive aggressive in marriage, he or she will be the same in divorce and after. You will both do a lot of things, especially at the beginning of the divorce that will make each other angry. Half the time he isn’t speaking to you, you won’t even know why and vice versa. It is a frustrating relationship and all the things you couldn’t stand about each other in marriage will be magnified in divorce. That’s just the way it is. Accept it and don’t try to change him or her. Ever.

6. You’re going to meet other divorced women and they are going to become some of the best friends you ever make in life.

7. Your ex’s family is either going to stop speaking to you completely, or they are going to be really mean to you.

It’s a terrible feeling. You thought they were family and now they are acting either like strangers or like you are the enemy. Try to understand that your ex might have warned them not to talk to you (and they might be scared of him or her) or they are just being protective of your ex. It’s very hard to handle. It’s hurtful and sad. But don’t forget that you have your own family and friends who are on YOUR side. Those are the people you know you can count on.

8. Your ex is going to have a serious girlfriend in 2 minutes. DO NOT be shocked.

You will cry. You will be angry and resentful. Why did he move on so quickly and why does HE get to be happy? Focus on YOU, not him. He or she is just lonely. They didn’t forget about your marriage or you, and they are still grieving the divorce. They are just numbing their pain with a new relationship.

9.  Some of your married friends are going to stop calling you, because they don’t want to go out as a threesome, they want to go out with couples.

And, they might be afraid that hanging around a divorced person might be contagious. It’s hurtful but understand that it’s about them, not you. But, some of your married friends will be there for you at a level you never imagined, and it will touch you beyond belief.

10.  People are going to set you up on blind dates, and when you go on some of them, you will be sitting there dipping your bread in olive oil, and thinking, ‘How could so and so possibly think this was a good match?’

Just try to have fun and think of it as a new experience and someone who might enrich your life in some other way–even if dating and romance is out of the question. In other words, don’t be a bitch about it.

11. You will be getting take-out with your kids more than ever before.

Make an effort to sit at the kitchen or dining room table and eat with your kids and talk, with no cell phones and no TV, because you are STILL a family. Also, check out Yummly for easy, quick recipes. Once you start cooking, you will love it! It’s very relaxing and the food tends to be healthier.

12. Getting divorced means you will have a year ahead of you that includes hilarious moments, crazy dates, but a lot of crying and sadness too. It’s okay.

I’ll be honest. It’s a roller coaster. But, when getting divorced, you have to ride it to get through it. You will be fine. Deep breaths, lots of yoga, lots of gratitude and some faith will help. So will self-love and dark chocolate.

The best advice for those getting divorced that I can give is, have confidence in yourself and handle each thing as it comes. Some days will be good. Some will be really challenging. You might cry every day for awhile. But you will laugh, too. You will still be the same person you are, and actually you will be a better, stronger person in some ways.

You will find that you are more real and find gratitude you didn’t always have. You might also look in the mirror at times and love your inner strength and courage. You’ll be just as good of a mother, if not better. And, you will find love again, even if it doesn’t seem like that now. You will realize that you have courage and grace that you didn’t know you had. And it will feel great.

xoxox!!!

Like this article? Check out, “9 Signs of a Healthy Romantic Relationship”

The post 12 Things I Wish I Knew When I was Getting Divorced appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

 

1345 High Rd

London, London N20 9HR

According to The Free Dictionary, if something is petty, that means it’s trivial, not of big importance. I’m not saying divorce is trivial, what I’m saying is, divorced people sometimes make a big issue out of petty matters. Also, being petty means a lack of generosity.

Here are some examples of being petty in divorce:

1. A guy gives his ex-wife the monthly child support check and takes out $35 because he just bought his daughter a new coat. The guy makes over $400,000 per year and he doesn’t feel like he should have to pay the $35. It’s against the law to take money out of a child support check for anything, but the guy knows the wife won’t call her attorney about $35 because one phone call will cost her hundreds of dollars.

2. A woman just met her ex husband’s new girlfriend and is burning inside. Not because she wants the husband back, but she’s jealous and resentful that he is happy. Where’s HER boyfriend?? The husband asks if he can take the kids on a night that isn’t his, because he and the girlfriend want to take them somewhere special. The wife says no, even though she has no special plans with the kids.

3. A guy just lost a ruling in divorce court and he’s pissed about it. How dare the judge award his ex-wife what he so didn’t want to give her. He’s so angry, there’s invisible steam coming out of his head. His thought process is, ‘How can I get back at her?’ Here’s what he does. He cancels on her last minute when he’s supposed to have the kids, just so she will have to scramble for a sitter or cancel her plans.

4. A separated husband and wife are out for dinner together with their children because their little girl begged for them all to be together on her birthday. The check comes and both decide to split it, until the wife realizes that the guy had a beer and tells him to add that to his part of the bill.

Here is how I feel about being petty. It’s very unimportant, it makes people hate themselves, and the worst one, it’s really, really, really bad for the kids.

I realize that there are so many emotions that come into play when you are going through a divorce. The person you loved more than anyone in the world at one time is now the person who angers you so much at times, you can barely breathe. So, you want to hurt that person (at times) as much as you can, because he has hurt you. Or, he left you. Or he cheated. Or, you’ll never forgive his bad behavior during the marriage. Or, he’s acting so awful in the divorce that you just want to be awful back.

People in divorce want to hurt people with big things and little things. Big things include trying to get full custody and keep him/her from the kids (which is horrific for anyone to do), lying in court, litigating for the purpose of fighting it out, and parental alienation.

But people often times feel like if they can get to their ex with a bunch of little things that will aggravate the person, make that person’s life more difficult, or cause that person to have to spend money, that that will somehow give them some sort of gratification that they need. WRONG!

It might make you feel better to cheat your ex out of five dollars, or it might make you temporarily happy to secretly know that you have made your ex’s life more difficult. But think about it.

All pettiness does is make the person not like themselves!

In the long run, being petty won’t make you feel better.  It will make you feel worse. Why? Because deep down, you will know in your heart that you were dishonest, or that you exhibited bad behavior, or that you hurt your children. In other words, deep down, you’ll know you acted like a jerk. And looking in the mirror and knowing that never looks good.

Being petty also messes with your karma in life. Do good and good will come to you. Don’t do good and I don’t know what. All I know is, good things come around to people who are do-gooders.

Think about the scenarios I listed above. If the husband cancels on seeing the kids to hurt his ex-wife, he’s really hurting the kids, who have to spend the night with a sitter instead of their dad. Or the mom who won’t let the kids go out with the new girlfriend. That’s a night the kids could have really enjoyed. People are petty because they are angry and hurt and they are in pain. But they don’t realize that the people they love–the kids and themselves, end up in pain because of their pettiness.

What if my ex is being petty?

You can’t control the pettiness of your ex. Who you can control is you. You can decide you aren’t going to be petty anymore. That’s all you have to do. Just say you’re not going to be petty anymore and that’s it. Just say it and you’ll feel better.

Be the bigger person and let your ex be the petty one. He or she is the person who’s going to have to deal with that horrible feeling of feeling like a jerk who just hurt not only his self esteem and his karma, but the kids, too.

Like this article? Check out, “20 Things I Wish I Could Have Told My Newly Separated Self”

The post Being Petty in Divorce: You’re Only Hurting You appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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1345 High Rd

London, London N20 9HR

Let’s get back to calling a divorce attorney first. What if mediating their divorce makes sense because it is healthier, better for their children, less costly and quicker, but they’ve already found a divorce attorney and that attorney specializes in litigation?

Even if they already know they can’t mediate, they ought to at least first evaluate what kind of lawyer they need (amicable or litigator) and they should interview 2-3 lawyers through free consultations before making a decision.  Unfortunately, when a couple only reaches out to a single divorce lawyer before considering these factors they usually set themselves up for more stress, cost and time than needed.

Education is important as they start this process because couples can only make sound decisions if they understand the process.  But how do they take a step back to become educated at this extremely stressful period of their life when everything is moving so quickly?  It’s difficult to do, and as a result, many couples tend to set themselves up for failure at the onset of their divorce, without even knowing it, because they are not educated before the start making important decisions.

There are two ways a person or a couple can become educated about the divorce process before they make their first decision:

1. They can hit the “pause” button and together take the time to research and understand the 4 paths they can take to divorce and come to a sound decision, or
2. They can rely on a strong divorce professional to listen to them, understand their current situation and status, and help them put together a plan to move forward in the best way for their family.

One of the best ways they can quickly and efficiently gain this education is through the Divorced Girl Smiling free consult with Jackie Pilossoph, founder of Divorced Girl Smiling. The reason I would advise someone to work through Jackie is because Jackie does not provide divorce services, per se, and as a result can provide outstanding unbiased recommendations.  Her knowledge in this area also helps her to make valuable recommendations.

She has also built a leading team of Trusted Professionals, to whom she can pull in for further education and consultations as necessary.  What you get from Jackie is an unbiased reflection of your situation and a reasoned recommendation of what type of professionals you can benefit from.

The first step in the Divorced Girl Smiling free consult is to understand where the couple is in their divorce process:

• Are they on the same page with an equal desire to divorce?
• Have they exhausted all means to repair their marriage?
• Are they on good terms, and trying to be amicable?
• Do they both really care most about their children and minimizing the impact of their divorce on their children’s development?
• Do they trust each other to disclose all financial assets?
• Is there an equal or imbalance of power?
• Does the couple care more about hurting the other and exacting revenge than getting to a good outcome?
• Do they own a home together?
• Are they both employed with access to health insurance, individually?

Based on the answers to these and other questions, Jackie or one of her Trusted Professionals can help a couple to build their divorce team, which can include any of the following professionals:

1. A mediator, an amicable lawyer or a litigator.

This is the most important decision and will dictate how healthy, stressful and successful the divorce will be.  This is the most critical decision a couple can make and sets the tone for the entire divorce.

2. A Certified Divorce Lending Professional (“CDLP”)

This is a key resource who plays a critical role in helping the couple understand whether one spouse can keep the marital home, and to provide guidance on subsequent home purchases.  Because of the nuances of the mortgage industry and how a divorce is handled, it is imperative to have technical guidance before making decisions about the marital home.

3. A real estate agent.

When the marital home will be sold as part of the divorce, it is necessary to bring in a real estate agent as part of your divorce team, preferably one with experience working with couples in the middle of a divorce.  This should be done early in the process, especially if the spouses will require equity from their home post-divorce, because the home selling process can take some time.

4. A divorce coach.

In some instances a spouse may desire to hire a divorce coach.  For those that do, they find this extremely helpful because a) the spouse likely has not divorced before and does not understand the process, and b) a divorce coach understands the process greatly and can take much of the anxiety away, while also preparing their client so they can always be a step ahead of what they need to do to get through their divorce.

5. A Certified Divorce Financial Analyst (“CDFA”).

In all divorces, the cost of living and budget that a couple lives by is disrupted, and each spouse needs to quickly understand their budget and resulting cost of living post-divorce, so they can plan for their future.  A CDFA on your divorce team can help a client understand their budget post-divorce, and if desired, they can also help their clients invest their assets to support their financial needs.

6. A therapist for the children or either parent.

Divorce is stressful for everyone in the family.  Often times a family can benefit from a specific kind of therapist who can help the children or parents.  Knowing what kind of therapist would be helpful and when to bring them in is critical to mitigate the stress that families often feel during a divorce.

7. A parent coach.

When a couple with children divorces they do not become each other’s “ex”; they will always be co-parents.  This is not easy to do, but the better a couple can transition to becoming healthy co-parents together, the less their divorce will impact their children.  If a couple is having a hard time co-parenting, bringing in a co-parenting coach as early as possible can help to create healthy dynamics.

8. A tax accountant.

A divorce requires a lot of financial decisions, during and after the divorce.  Having a trusted tax advisor can help a couple to understand how they can get the greatest tax benefit together, and also guide them so they both understand the tax implications of their many financial decisions during and after the divorce process.

9. A forensic accountant.

When a couple is divorcing and one of the spouses believes the other is hiding significant assets, it is imperative to bring in a forensic accountant who can help to find and identify the hidden assets.

It seems like a long list, which can lead you to believe it is just going to add to expenses, but that isn’t true. First of all, this is a comprehensive list–in other words, most people don’t have to hire ALL of these professionals. Also, hiring professionals in specific areas can save you a significant amount of divorce attorney fees.

I want to end by saying that many couples only hire a mediator or one lawyer each and proceed with their divorce, and often times they do not select the right mediator or lawyer because they did not know what they should consider in that decision.  Many also do not consider the other professionals listed above who play pivotal roles in their divorce process.  Only through consultation with a knowledgable individual will a couple gain the valuable education about how they can best build their divorce team.

I would highly recommend that anyone considering divorce reach out to Divorced Girl Smiling for the free consult with Jackie Pilossoph. Having the consult will help them understand the complexities of the divorce process and how they can best navigate it with the right team, BEFORE they hire a single divorce professional. 

Michael Cohen, who also earned his CPA, is an accomplished business leader with extensive experience in people management and cross-functional projects that required him to often mediate and find the best path forward for people and teams, throughout his career. These skills are critical in a mediation setting. Coupled with Michael’s own experience in a litigated divorce, he is driven to help divorcing couples navigate their divorce in the healthiest way possible. Michael is the founder of Michael’s Mediation, which serves divorcing couples across the U.S. He is a graduate of the University of Illinois with a divorce mediation certification from Northwestern University. Michael is a loving father of three and lives in the Northern Suburbs of Chicago. Learn more here.

Like this article? Check out, “Why Mediation Works and Why Litigation Has So Many Pitfalls”

The post The Importance of Putting Together Your Divorce Team appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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1345 High Rd

London, London N20 9HR

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Legal regulators and the courts may need to control “whether and in what circumstances and for what purposes” lawyers can use artificial intelligence (AI) systems like ChatGPT in litigation, the Master of the Rolls has said.

Sir Geoffrey Vos said there would need to be mechanisms to deal with the use of generative AI within the legal system.

“We may even hopefully turn it to the advantage of access to justice and effective and economical legal advice and dispute resolution.”

Addressing the Law Society of Scotland’s Law and Technology conference last week, Sir Geoffrey highlighted the recent case of New York lawyer Steven Schwartz, who used ChatGPT to prepare his submissions in a personal injury case.

Six of the cases cited were, in the words of the judge, “bogus decisions with bogus quotes and bogus citations”. This was despite Mr Schwartz asking the system to confirm their accuracy.

“Mr Schwartz was not uncovered because of the language of his brief, but because the judge in that case took the trouble to look up the cases cited. No doubt that does not always happen,” said the MR.

“The risks of litigants in person using ChatGPT to create plausible submissions must be even more palpable. And indeed such an event was reported as having happened in Manchester only a few days ago.”

The case showed lawyers could not use generative AI to cut corners. “I suspect that non-specialised AI tools will not help professional lawyers as much as they may think, though I have no doubt that specialised legal AIs will be a different story.”

He said Spellbook was already claiming to have adapted “GPT-4 to review and suggest language for your contracts and legal documents”.

The judge quoted an article by City litigation firm Enyo Law that asked ChatGPT to identify its own most valuable uses in dispute resolution – it said they were to assist lawyers with drafting, document review, predicting case outcomes to inform strategy, and settlement negotiations.

“Clients are unlikely to pay for things they can get for free,” said Sir Geoffrey, echoing comments he made in April. “Mr Schwartz would have done well to read Enyo Law’s article, which emphasises that the large language model is there to ‘assist’ the lawyers and needs to be carefully checked.

“Nonetheless, if briefs can be written by ChatGPT and Spellbook, checked by lawyers, clients will presumably apply pressure for that to happen if it is cheaper, and saves some of an expensive fee-earners’ time.”

In litigation at least, Sir Geoffrey went on, “the limiting factor may be the court or tribunal adjudicating on the dispute”.

He said: “One can envisage a rule or a professional code of conduct regulating whether and in what circumstances and for what purposes lawyers can: (i) use large language models to assist in their preparation of court documents, and (b) be properly held responsible for their use in such circumstances.

“Those will be things that the existing rules committees, regulators, and the new Online Procedure Rules Committee… will need to be considering as a matter of urgency.

The MR added that the way ChatGPT answered Mr Schwartz’s questions to confirm the cases it cited indicated two issues: that ChatGPT and AIs more generally “need to be programmed to understand the full import of a human question”, and humans using them “need to be savvier in checking their facts”.

This meant both asking more precise questions and programmers explaining to “the AIs they are creating what humans mean when they ask something as open textured as ‘is this a real case’”.

He said: “This requires careful and detailed programming beyond what might be required in other fields of activity…

“If GPT-4 (and its subsequent iterations) is going to realise its full potential for lawyers… it is going to have to be trained to understand the principles upon which lawyers, courts and judges operate.

“As Mr Schwartz found to his cost, the present version of ChatGPT does not have a sufficiently reliable moral compass. In the meantime, court rules may have to fill the gap.”

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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1345 High Rd

London, London N20 9HR

Here are 6 vital elements that contribute to a successful post-divorce co-parenting agreement:

1. Embracing Custody and Visitation Arrangements:

At the heart of any co- parenting agreement lies a clear and heartfelt plan that outlines custody and visitation arrangements. This involves determining whether joint custody or sole custody is most suitable and defining the physical and legal rights of each parent.

Taking into account the child’s age, developmental needs, and the ability of each parent to provide a stable and nurturing environment is key. Fifty fifty is not always best, nor its it always possible.  Remember as well that it is always about quality, not quantity This is the time to think outside the box. Does one parent travel all week for work? Is one parent not emotionally able to have fifty fifty custody? If you keep the kids’ best interest in mind at all times when deciding the parenting schedule, you will never lose.

2. Nurturing Decision-Making Harmony:

The co-parenting agreement should address decision-making authority concerning things such as the children’s education, healthcare, religious upbringing, and extracurricular activities. It should provide clarity on how major decisions will be made.

Will they be made jointly or by one parent? What method will the divorcing couple use to resolve disagreements on decisions? Both parents should ensure that the decisions are made in the best interest of the children, and both should feel like their opinion is heard and that it matters. If you are having trouble putting the kids needs first, be sure to get yourself the support you need to process through all of those residual feelings so that this becomes easier.

3. Creating a Culture of Communication in Co-Parenting:

It’s not always easy to do, but maintaining healthy communication between co-parents is vital for the well-being of the children. The co-parenting agreement should include regular check-ins, shared calendars, and protocols for sharing important information about the child.

Despite anger, resentment and hurt feelings, respectful, open communication fosters healthy children. And believe it or not, it’s healthier for you, too! I often encourage parents to think of their co-parent as a co-worker, someone with whom you are in the business of raising your kids.  This is, of course the most important job either of you will ever have!

4. Supporting Each Other Financially:

The co-parenting agreement should address child support. It should include the amount of support, the frequency of payments, and how changes in circumstances will be handled. Additionally, the agreement may outline the sharing of other expenses, such as medical bills, educational costs, and extracurricular activities. Clearly defining financial obligations helps ensure that the child’s needs are met by both parents, and can prevent conflict caused by unexpected expenses and circumstances.

5. Resolving Conflicts with Compassion:

Even with the best intentions, conflicts can arise between co-parents. Including a clear understanding of how disputes will be handled can help prevent the need for post-litigation (returning to court.) The co-parenting agreement may specify mediation or other alternative dispute resolution methods, providing a structured process for resolving differences and promoting cooperation between parents.

6. Embracing Flexibility and Growth:

As children grow, their schedules, activities, hobbies and even their personalities start to change. It’s important to be flexible and open to adjustments needed. For example, a child might get onto a high school sports team, which practices every night, leading to one parent not having as much parenting time.

Also, from my experience, when kids get to be pre-teens and teens,  they want to spend less and less time with parents and more and more time with friends. While this is very healthy, normal behavior, the change can be disappointing and hurtful to parents. So, it’s up to the parents to change with their childrens’ changes, and come up with a new parenting schedule.  I encourage parents to intentionally review the parenting plan once a year given the changing developmental and circumstantial changes that happen for all of us.

In closing, being a parent isn’t easy, let alone being a single parent. A solid, strong co-parenting agreement is a huge help in single parenting after divorce. Be thoughtful about it, and remember that there are no right or wrong decisions in crafting a co-parenting agreement; only decisions that are best for the children and best for each individual parent. Remember that when you have a really good co-parenting agreement, everyone in the family benefits from it.

Rita Morris, M.A., LMHC is a Certified Life Coach, a Parenting Coach, a veteran therapist, and a mom of two. Rita, who holds a Masters degree in education and who has been a practicing psychotherapist since 2003, specializes in helping men and women during and after divorce with coparenting through strategies to ensure their children thrive. Rita also has a concentration in helping parents with kids who have ADHD and anxiety disorders. Learn more on her website.

Like this article? Check out, “5 Tips for Co-parenting with Someone Who Hurt You”

The post The Key Ingredients of a Great Co-parenting Agreement appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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1345 High Rd

London, London N20 9HR

When asked what the pros and cons of using artificial intelligence (AI) for the disclosure process in litigation are, ChatGPT produced four positively-skewed and four negatively-skewed answers. While some of the points listed by ChatGPT were similar to those raised by the litigator attendees at a roundtable dinner hosted by The Lawyer in association with legal tech firm DISCO, the AI did not debate them quite as passionately as the human lawyers did.

One of the most significant changes litigators said they have witnessed over the past 30 years is the immense influx of documents to review as part of the disclosure process. Gone are the days of trial bundles that contained only 100 documents – litigators are now dealing with them in the millions. This is why the use of AI-powered technology for e-disclosure has been so welcomed, as it has saved legal professionals vast amounts of time, reducing costs as a result.

But with competition between firms as fierce as ever, litigators must demonstrate to clients that their understanding and use of technology to innovate is head and shoulders above the rest – especially when it comes to the disclosure process. With that in mind, here are the key takeaways from the roundtable discussion, in which litigators from top City firms to specialist litigation boutiques attended.

Training the AI

One of the cons listed by ChatGPT on using AI for the disclosure process in litigation was that AI can reflect the biases and assumptions of the data it is trained on. If the training data is biased or incomplete, then the results produced by AI-powered tools may also be biased or incomplete. Training the AI for e-disclosure was a key issue among some litigators when using Trial Assisted Review (TAR), with one partner commenting that it sometimes feels like using an “evolutionary rather than revolutionary model”.

Another attendee articulated that training a system can be very difficult when you have many issues for disclosure: “Say you have 20 issues that people are looking at. It’s very difficult for one person or a small team of people to compartmentalise their minds when they’re clicking through to train a system properly. This is a big missing piece, and I would be less comfortable doing the selling pitch of TAR to clients or an opponent until I was comfortable that it worked in that context.”

Another critical issue was the feeling that both litigators and their opponents needed to be fully aligned in using it: “It does work, and we should be selling it,” said one attendee. Another responded: “If we are going to make better headway with it, we’re going to need more transparency and better common standards.”

Getting clients to trust in tech

One partner referenced that the first female judge in the Commercial Court, Elizabeth Gloster, said a decade ago that it was only by embracing technology that lawyers would stay competitive in the disputes area in London. But when embracing technology, lawyers have the additional hurdle of getting their clients on board, and the topic of client trust was still a split issue around the table.

Some expressed that client trust was still lacking in how the search is run and that there was still some way to go to help lawyers explain the benefits and methodologies. Without proper explanations and justifications, the costs could go up rather than down. As one lawyer commented: “If the client doesn’t trust it, or the lawyer doesn’t, then you’re duplicating time, and costs go up.”

Another described clients as falling into two categories: some clients can appear more reticent as they don’t have much experience using the tech and therefore are not as interested. Other clients, typically those with sophisticated in-house legal functions, are miles ahead and already have their chosen vendors and systems in place.

Philip Demetriou, DISCO’s senior director of international sales, thought they would see more clients driving law firms to start leveraging AI: “We are seeing a lot of corporate clients clamouring for the application of technology and AI within the field of litigation and arbitration.”

The ‘smoking gun’

One positive not mentioned by ChatGPT, which is perhaps because it does not have the lived experience of being a litigator practising in England, is that the disclosure process in litigation is what makes England stand out as a legal hub to clients.

One partner said: “Before accepting the different tech systems used for disclosure, the client has to buy into the value of disclosure in the first place. We now have competitors in the Netherlands, France and Germany. People are saying litigation is going away from the UK and off to Europe. But there’s one thing they don’t have: disclosure. If the client litigates in the Netherlands, they won’t find that smoking gun evidence among the five million documents at all.”

Another partner reiterated this point, emphasising that among the five million documents, a handful of those documents or a critical email, might be “the one thing that turns the trial.”

Sponsor’s comment: Richard English, director of review operations at DISCO EMEA

As a provider of AI-driven legal solutions, we at DISCO take an evangelical stance on the role of technology in law. There seems to be a consensus that 2023 will mark the advent of broad adoption of AI-enabled tools and services across many industries, and Legal is no exception: take for example the booming interest in TAR2.0 workflows in edisclosure.

The question we wanted to understand by hosting this event in partnership with The Lawyer, was: What do seasoned litigators think of technology adoption in legal practice? Are large language models and generative AI seen as the “bogey man” who will encroach on traditional litigation work? Or do litigators share our own stance?

It was therefore refreshing to be reminded that lawyers have been adopting new technologies along with every other industry, and that bespoke “legal tech” is a topic of high interest. Discussions flowed throughout the evening as anecdotes were shared of experiences using technology in practice. It was acknowledged that lawyers are naturally circumspect when it comes to risk, and this extends to their own practices. However, provided these risks were mitigated against, then tech-enablers will be welcomed.

Richard English is Director of Review Operations at DISCO EMEA. With over 13 years experience in the field of compliance, discovery and document review, coupled with a background in the legal sector as a South African attorney, Richard is a veteran in the field with extensive insight into how to run and manage successful and significant review projects.

 

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

If you’re going to divorce, you likely have never done so before and only have anecdotal knowledge about what is a very complex process. You’re also probably not communicating very well with your spouse.  As a result, many couples make the mistake of one spouse blindly meeting with and then filing for divorce with a lawyer.

Filing for a divorce with a lawyer then triggers a series of events and creates undue antagonism that is very hard to alter.

It can cause you to spend more time and money on the divorce, not to mention added stress while also going down a path that will negatively impact your children.

A  different path could be better for you and your family. Instead of blindly meeting with and filing for a divorce with a lawyer, you are best served by educating yourself on all 4 methods of divorce, and if possible, deciding together which path is best for you.  The decision you make will impact the time it takes, the amount you will spend, the stress level you will put yourselves under, and if you have children, the impact your divorce will have on them.

Before filing for divorce with a lawyer, try to discuss these questions with your spouse so you can proceed down the healthiest path for you and your family:

1. Can our relationship be fixed?  Do we want to fix it?  Do we want to give up on growing old together?

2. Are we both satisfied that we have tried everything to salvage our marriage?

3. Are we educated on all 4 methods to proceed with a divorce, which include a) doing it yourself, b) mediating, c) pursuing collaborative law, or d) litigating?  If not, take the time to educate yourselves before you proceed.  It is best if you can both agree on which path to follow, and this decision should be made before you sign with a lawyer.

4. Some questions to consider as you decide on a method to divorce:

1. • Is your financial situation relatively simple, do you agree how to divide your assets, debts and property, and do you not yet have children?  If so, you may want to consider going to the courthouse and filing for divorce yourselves.  This is the cheapest and quickest way to divorce, but will require patience as you learn about the process and do everything yourselves.
   • Do you have children still living with you?  If so, you should consider mediation, for the following reasons:
     • You will make all of your own decisions, you will work together to compromise and you will build your parenting plan together because you know your children best.
     • If you are in IL, the courts will require you to attempt to mediate your parenting plan, so why not start with mediation and see if you can use it for all decisions?
     • Your children will hear you working together to create solutions, so when you each tell them you will always love them, they will believe you.
     • The communication skills you practice as you jointly build your parenting plan will allow you to co-parent, post-divorce, in a way that mitigates the negative impact of your divorce on your children, and will give them and yourselves pride in how your family gets through the divorce.
     • This method is extremely economical, can be completed in 2-3 months, and you will be guided by a professional to ensure that the decisions you make will be complete and will serve your family well going forward.
   • Do you want to save time, stress and money, and divorce more amicably?  If so, you should consider filing your divorce yourselves, using mediation, or potentially collaborative law.  All three methods are healthier than litigation.
   • Do you want a lawyer to advocate and negotiate for you, but want to try to make all of your own decisions in private?  If so, collaborative law might be right for you. This is more costly than mediation and not as costly as litigation, and requires each spouse to have their own lawyer who advocates for them.  If you cannot agree on all items, you will need to complete your divorce with different lawyers.

1. • Are you and your spouse unable to communicate at all and hardly want to be in the same room together?  If so, litigation, unfortunately, might be the only path for you.  This will be extremely expensive, take considerable time, add a lot of stress and reinforce your negative feelings toward each other to the point where co-parenting in a healthy manner post-divorce will be very difficult and detrimental to your children.
   • Do you want to be able to move on after your divorce in a healthy manner, and in a position to find another healthy relationship?  If so, you should consider filing your divorce yourselves, using mediation, or potentially pursuing collaborative law.  Litigating will take the longest to complete your divorce and it will create the most “baggage” that often interferes with future relationships.

One last rule of thumb:

• If you are on good terms with your spouse and can both listen and have a desire to compromise, you should look to mediate.  It is the cheapest and healthiest process for you and your children.
• If you and your spouse do not trust each other or cannot compromise, but do not want to expense, stress, time and public nature of litigation, collaborative law might be a better process for you.
• If you and your spouse cannot communicate at all, it will be very difficult, if not impossible, to mediate or use collaborative law, and your only path is probably to each hire lawyers and litigate.  Just be aware that litigation is the most stressful, costly and lengthiest process to divorce, and it will undoubtedly negatively impact your children in the most significant way.

If you are unsure of what each method means, and how it will impact you, take the time to reach out to a mediator and a lawyer who practices both collaborative law and litigation, and talk to friends or relatives who have used each method.  The better informed you are before you start your divorce process and file for divorce, the better the path you will follow during and after your divorce.

Michael Cohen, who also earned his CPA, is an accomplished business leader with extensive experience in people management and cross-functional projects that required him to often mediate and find the best path forward for people and teams, throughout his career. These skills are critical in a mediation setting. Coupled with Michael’s own experience in a litigated divorce, he is driven to help divorcing couples navigate their divorce in the healthiest way possible. Michael is the founder of Michael’s Mediation, which serves divorcing couples across the U.S. He is a graduate of the University of Illinois with a divorce mediation certification from Northwestern University. Michael is a loving father of three and lives in the Northern Suburbs of Chicago. Learn more here.

Like this article? Check out “Why Mediation Works and Why Litigation Has So Many Pitfalls”

The post What to Discuss Before Filing For Divorce With a Lawyer appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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Let’s be honest. Divorce is hard. Really hard. But sometimes, the smallest things can make the biggest difference. When you are going through a divorce, getting a few good divorce tips can save you a ton of time and money, not to mention untold amounts of grief and aggravation.

The problem is, the best divorce tips are likely to come from divorce professionals – and getting their advice costs money!

To help you out, I’ve put together a list of 17 divorce tips to help you navigate through your divorce with less pain and problems.

17 Divorce Tips

1. Stay out of court.

No matter how much you might want to “tell the judge your story,” you do NOT want a total stranger in a black robe deciding what will happen to your kids, your finances, and your future. Unless you have absolutely no choice at all, settle your case outside of court.

2. Get a therapist.

Divorce is hard. When you are going through a divorce you will be making decisions that will affect your life and your kids’ lives, for years to come. You can’t make good decisions when you can’t think. You can’t think when you are an emotional basket case. Working with a therapist will help you deal with how you feel, so that you can think more clearly.

3. Decide HOW you want to divorce first, THEN hire a divorce lawyer.

If you want to use mediation to resolve your divorce, but you hire a shark divorce attorney, your mediation will fail. If you need to litigate because your spouse is being a jerk, and you hire an attorney who is more comfortable in a conference room than a court room, you are going to get hammered. You have to decide which divorce process you want to use, then hire an attorney who is comfortable using that kind of process.

4. Be careful which lawyer you hire.

This is not the time to hire your grade school friend who is now a real estate lawyer. You need to get a lawyer who is experienced in handling family law cases, and who is familiar with the judges and the court system in your area.

5. Take care of yourself.

Divorce is a marathon, not a sprint. If you are going to make it through your divorce without having a breakdown, you need to take care of yourself. Eat healthy. Exercise. Do your best to get 8 hours of sleep a night. The better you feel physically, the sharper you will be mentally.

6. Do your best not to overindulge in anything.

Sure, it feels good to numb the pain with wine, drugs, food, shopping, sex, or whatever your vice of choice is. But, in the long run, all of those behaviors only bring you down more. Right now you need to engage in activities that build you up, not tear you down.

7. Circle the wagons.

Do not try to go through your divorce alone. This is no time to try to be a super hero or a martyr. That doesn’t mean you need to publicly announce your divorce to everyone you know. It does mean you should put together a tight group of family and friends who can support you and pick you up when you are feeling really down.

8. Take ownership of your divorce.

Don’t think you can offload all of your divorce issues on your lawyer. Yes, your lawyer will try to protect you. But, this is your life! You need to pay attention to what is going on, ask questions, and actively participate in your divorce if you want to get the best result

9. Ditch the drama.

If you want to have a more peaceful divorce, you need to consciously walk away when your spouse wants to fight. Don’t engage. It may take every ounce of energy you have, but when your spouse starts pushing your buttons, resist the urge to take the bait.

10. Decide from the start whether you would rather be right or be happy.

If you are waiting for your spouse to apologize for his/her horrible behavior during the marriage, you are going to be waiting a long, long time.  Your spouse is not likely to wake up one morning with a burning desire to admit that you were right and s/he was wrong. You may never get an apology, or even an explanation, for what has gone on in the past. You can either fight for years for something that you are not going to get, or you can just let it go.

11. Stop trying to control your spouse.

You can’t control what your spouse does, where your spouse lives, who your spouse associates with, or even how s/he parents your kids. You couldn’t control your spouse while you were married. What makes you think you are going to do it now that you are getting divorced?

12. Keep your kids out of the middle.

Do not use your children to deliver messages or money to your former spouse. Do not interrogate them about what your former spouse is doing, who s/he is dating, or what his/her new home is like. It is none of your business, and that kind of behavior puts your kids right in the middle of your mess.

13. Don’t discuss the issues you have with your ex with your kids.

Don’t rob your children of their chance to have a great relationship with both of their parents. Your kids love both you and your spouse. They are a part of both of you. When you badmouth your ex in front of the kids, the kids feel like you are badmouthing them.

14. Set boundaries.

Once you and your spouse start living in separate houses, it’s not okay for either of you to invade the other person’s space anymore. It doesn’t matter if you both still own the marital home. If you don’t live there, you can’t just walk in whenever you want.

15. Don’t have sex with your (soon to be) ex.

Talk about blurring the lines of your relationship! Having sex with your spouse while you are going through a divorce will only confuse everything even more! Resist the urge to have “one last fling,” and don’t kid yourself that one night of hot sex will fix all of the problems in your marriage. It won’t.

16. Before you agree to refinance the house, make sure that it’s possible for you to get a mortgage.

Do NOT assume that you will be able to refinance your home (now or in the future) until you have checked with a qualified mortgage lender first! You want to do that BEFORE you agree on a settlement. Otherwise, you may give up a lot just to get a house that you end up having to sell soon anyway.

17. Remember that your divorce doesn’t end the day that your judgment is signed.

If your divorce judgment requires you to split up retirement accounts, or refinance the house, or take your spouse’s name off credit cards, all of that still has to be done after the judgment is entered. Your natural tendency will be to try to put your divorce behind you as fast as possible. That’s okay, as long as you make sure to actually divide your assets and debts according to what your divorce judgment says. Remember, “it ain’t over til its over.”

Divorce is Hard

Divorce is hard no matter what you do. But, following these tips can help make your divorce a little bit more manageable. Working with a divorce coach will make things a lot easier. I’m here if you’d like a consultation.

Karen Covy is a Divorce Coach, Lawyer, Speaker and Author.  She provides divorce and decision coaching to busy professionals and business owners who want to make clear, confident decisions during one of the toughest yet most sensitive times in their life. Karen also helps them navigate through the divorce process with less conflict, expense, and damage to themselves and their children.

Karen is the author of When Happily Ever After Ends: How to Survive Your Divorce Emotionally, Financially, and Legally. She is also the creator of the online divorce program, The Divorce Road Map 2.0. You can connect with Karen on Facebook, Twitter, LinkedIn and YouTube, as well as on her website at karencovy.com.

The post Divorce Is Hard: 17 Divorce Tips We Think Will Help appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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1345 High Rd

London, London N20 9HR

A woman going through a divorce sent this email to me: I was so excited that my soon-to-be-ex finally emailed me and said that he agreed to accept my settlement offer. We finally had a divorce settlement agreement! But the next day he emailed me back and said he changed his mind. He DIDN’T agree. Can he do that?

I wish I could say that once your spouse said, “Yes. I agree” to a divorce settlement agreement, you actually HAD a firm agreement. The truth is, however, you didn’t.

In Illinois, until you (or your lawyers) have written your divorce settlement agreement into a formal legal document AND both you and your spouse sign that document AND a judge enters that agreement in court in your divorce, the “agreement” you made isn’t set in stone, and it can be changed.

While that may seem wrong or unfair – especially if you WANT your spouse’s email agreement to be binding – that’s generally the way it is. What’s positive is that once you understand that principle, you can work with it.

The Anatomy of a Divorce Settlement Agreement

When two people are going through a divorce, they usually focus on two things:

1. Making the best financial and custody deal they can; and
2. Getting their spouse to agree to that deal.

While those two steps are undeniably important, they’re just the first two steps in getting a legally binding agreement. There are three more steps that follow those two. Those steps are:

3. Write the agreement you made into a formal legal document,
4. Have both you and your spouse sign the legal agreement, and
5. Get that agreement entered in court.

Until all five steps are completed, the divorce settlement agreement you thought you made could potentially still change.

That means that just getting your spouse to agree to something isn’t enough. Yet, that’s exactly the point where most people stop.

They believe they have a divorce settlement agreement, so they celebrate. Then, when their “agreement” falls apart, or their spouse changes his/her mind, they get upset.

An Agreement Isn’t Always an Agreement

Most divorce “agreements” fall apart in steps 3 or 4. That’s because there’s often a HUGE difference in what you think your agreement is, what your spouse thinks your agreement is, and what that agreement ultimately looks like on paper.

Here’s a simple example.

Let’s say that you and your spouse agree that you can keep the marital house after the divorce and that you will refinance the mortgage and take your spouse’s name off it. That seems simple enough, right?

But what if you assumed that you would pay your spouse his/her share of the equity in the home when you refinance, but your spouse thinks s/he should be paid by getting a bigger share of the retirement accounts now? Do you still have an agreement?

What if you’re not sure you can refinance today and you want to give yourself two years to refinance … but your spouse wants you to refinance now. Do you have an agreement?

Or what if you and your spouse both agree that you can have two years to refinance, but you want to divide the equity in the home as it exists today, and your spouse wants to divide the equity as of the date you refinance.  Do you have an agreement?

The problem with “coming to an agreement” is that, unless you agree on all the details that accompany that agreement, you might not really have an agreement at all.

What’s more, the details of what you THINK you’re agreeing to might look very different than the agreement that the lawyers put on paper. It’s not unusual for the written divorce settlement agreement to go back and forth between the lawyers for weeks (or months) until every little detail is ironed out.

What’s worse is that while your written agreement is going back and forth between the lawyers more times than a ping pong ball, your spouse can still change his/her mind about whether s/he wants to make that agreement in the first place!

So what do you do if getting your spouse to stick to an agreement is harder than pinning jello to the wall?

Dealing With a Spouse Who Can’t Make Up His/Her Mind

Few things are more infuriating and frustrating than dealing with a spouse who changes his/her mind often. Every time you think you’re making progress, the deal ends up changing. So you get exactly nowhere.

Without question, some spouses use this kind of tactic to wear you down or make you crazy. But most people back out of deals either because they’re not sure about what they really want, or they’re afraid they just made a bad deal. So they change their mind.

While a certain amount of back-and-forth is normal, if your spouse constantly changes his/her mind about everything, coming to a divorce settlement agreement that sticks can be challenging.

What can you do if this is your situation?

You might want to talk to your attorney about holding a settlement conference with both you, your spouse, and your attorneys in the same room at the same time. With technology being what it is these days, you may be able to write your agreement while you and your spouse are in the room. Then you can sign the document right there before you leave.

While that still doesn’t guarantee that your spouse won’t change his/her mind before you get a judge to sign off on the document, at least you’re farther along.

More typically, however, the way that you can get a really reluctant spouse to sign off on a settlement is by actually going to trial.

In most cases, before you start your trial, the judge will hold one last pretrial conference to try to settle your case. When the prospect of having to go to trial is immediate and certain, even people who couldn’t make up their mind about anything before often find a way to settle.

Obviously, waiting to settle until you’re almost on trial isn’t optimal. By that time you will have paid your lawyer a lot of money to prepare for trial. But, at least by settling then you save yourself from the uncertainty of not knowing (and not being able to control!) what a judge does if you try your case to the end.

Karen Covy is a Divorce Coach, Lawyer, Speaker and Author.  She provides divorce and decision coaching to busy professionals and business owners who want to make clear, confident decisions during one of the toughest yet most sensitive times in their life. Karen also helps them navigate through the divorce process with less conflict, expense, and damage to themselves and their children.

Karen is the author of When Happily Ever After Ends: How to Survive Your Divorce Emotionally, Financially, and Legally. She is also the creator of the online divorce program, The Divorce Road Map 2.0. You can connect with Karen on Facebook, Twitter, LinkedIn and YouTube, as well as on her website at karencovy.com.

Like this article? Check out, “20 Things I Wish I Could Have Told My Newly Separated Self”

The post What Exactly is a Divorce Settlement Agreement? appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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1345 High Rd

London, London N20 9HR

We all have different values, fundamentals, and standards. That’s why there is no one single definition of inappropriate co-parenting. Inappropriate co-parenting means different things to different people. If you wish to co-parent the best way you can, then my advice is to always ask yourself the question “Is this behavior in the best interest of my child, their development and their relationship with their other parent?”

Positive co-parenting is characterized as a relationship in which  there is respect, honest communication, and where both parents take time to listen to each other’s concerns. These co-parents value each other’s role in their children’s lives, and try cooperate with one another in support of a healthy relationship between their children and both parents.

Although it may seem counterintuitive, the most effective way to deal with a nasty co-parent is to lead with kindness. Keep communication brief, and child focused, always keep your child out of any conflict there may be. Choose your battles and the timing of them wisely. Choose a place and time to have them when the children aren’t present.  You may also consult a parent coach, therapist or mediator.

Finding ways to arrange pick-ups and drop-offs to minimize contact and being very precise about when and how your former partner can contact you about parenting decisions is also something you can outline in your parenting plan.

While you are attempting to raise strong, confident, loving children with someone you despise, someone who has disappointed and hurt you, someone who has broken promises or spoken to you aggressively, this is no easy task.

You might feel you have tried everything you can think of to make co-parenting easier and better, but you continue to find yourself frustrated. Despite your frustration, you persist because this difficult ex is your partner in the most important job of your life–raising your kids.

Here are some examples of inappropriate co-parenting, and some tools for getting through them:

The Blame Game

Playing the blame game will get you nowhere. Blaming your ex, or your ex blaming you for everything, such as your child’s cold, their bad grades, or the breakdown of the relationship doesn’t serve you or your children. This typically happens when one or both of you are still hurting from your time together. In other words, resentment is still present and one or both has not moved on.

Remember that it takes two to fight, and that you don’t need to accept every invitation to argue with your spouse. When playing the Blame Game, the other parent attributes everything bad on you. The child’s rash or poor grades, the hostile texts, possibly even the breakdown of the relationship.

Tip: Don’t argue. Accepting the invitation to argue keeps you engaged in the drama,which is unhealthy for all involved. Instead, ignore personal attacks. Let their accusations go. When they attack your parenting, reframe the blame as a problem and suggest solutions. For example, when your co-parent says, “She’s always tired when she comes back to my house. Why don’t you put her to bed at a decent time?!” Say, “It’s probably a good idea for us to have a set bedtime at both houses. What do you think about 8:00?” Then try not to argue when the other parent requests 7:30 instead.

The confusion maker

Do you find yourself feeling like you are riding a roller coaster? Often life with your ex can feel like this. One minute you’re the best parent on the planet and the next, you’re a danger to your children. On Monday, you’re greeted with a bright smile and a kind hello, and by Thursday, you’re not allowed to drop off your child’s forgotten backpack. You’re never sure what triggers the rapid changes, which can be exhausting and confusing for you and destabilizing for your children.

Tip: Remember you are not the cause of the rollercoaster ride. It’s helpful to remind yourself that whatever is causing the rollercoaster, it’s not you! Likely your co-parent is struggling with residual hurt from your marriage or some other personal issue that has nothing to do with you. The best strategy is to lead by example. Be unequivocally kind and polite to your co-parent. Set boundaries that are comfortable for you and maintain them throughout the ups and downs and respect the boundaries they request.

 Stubborn as a Mule

Parents exhibiting stubborn behavior have no interest or ability to collaborate. They do everything as they see fit. They may attend the soccer game or may not, but you probably won’t know until game time. Typically, this is not new behavior, it’s just showing up in different way.

Tip: Don’t push the river. You will be unsuccessful in your attempts to get them to change. This may make things a bit more difficult for your kids, as house rules may be inconsistent across two homes, but kids will adjust and you will have less frustration and anger. Over time, you can gently ask questions about how they do things at their house and begin to build a more collaborative working relationship. This will demonstrate a lack of judgement AND a desire to work together. Be patient, change takes time.

Trash Talking

Trash talking is never ok, no matter what. Your children see themselves in both of you, whether or not they are biological kids. They see themselves in each of you. Trash talking your ex is essentially trash talking your kids! They will feel and internalize this! A Trash Talker might say unpleasant things about you to a family member or friend when the children are within earshot. They will roll their eyes when they hear your name, cross their arms or turn their back when you are present, or simply clam up and look angry when your children mention you. All of these damage children, who believe that both of their parents are extensions of themselves. When children hear or sense ill-will toward a parent from the other parent, they feel as though they are in a loyalty bind, their sense of security, trust and confidence is diminished.

Tip: If you believe (or know) that your co-parent verbally or non-verbally trashes you in front of the children, you should address the issue. Perhaps seek the help of a coach or mediator. Many parents just don’t understand the impact of their actions on the children and they need educating. It will be difficult, but try to share this information in a non-judgmental, collaborative way. Treat it as an issue you both want to address.

You probably detected a pattern in my advice. The short version is, regardless of inappropriate co-parenting:

1. Always be kind
2. Ignore what you can
3. Keep communication brief and child focused
4. Be collaborative in decisions
5. Look at your own behaviors that may impact the situation
6. Make sure your children are protected from anger and fighting
7. Seek mediation or parenting coordination before going into attack mode.

In case it seems like I’m asking you to be kind and collaborative just to be a good person, I want to clarify: I’m suggesting that this will be the easiest and least painful way through this process. It is simply more difficult to fight with someone who is unfailingly decent. I recognize that this puts the onus on you to be the bigger person, but it will benefit you and it will benefit your children. I promise! I’m here if you would like to schedule a complimentary consultation.

Rita Morris, M.A., LMHC is a Certified Life Coach, a Parenting Coach, a veteran therapist, and a mom of two. Rita, who holds a Masters degree in education and who has been a practicing psychotherapist since 2003, specializes in helping men and women during and after divorce with coparenting through strategies to ensure their children thrive. Rita also has a concentration in helping parents with kids who have ADHD and anxiety disorders. Learn more on her website.

Like this article? Check out, “5 Tips for Co-parenting with Someone Who Hurt You”

The post Inappropriate Co-parenting: Examples and How to Cope appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

On the first working Monday of every New Year, divorce lawyers are inundated with enquiries from unhappily married couples.

But while new ‘no fault’ divorce legislation introduced last spring has made splitting up simpler and speedier, the cost of living squeeze on household finances may deter some couples from going ahead on ‘Divorce Day’ next week.

Although divorce enquiries have soared since the pandemic, many people are deciding not to go through with it in the current climate, according to Stowe Family Law partner Niamh McCarthy.

No-fault rules: Couples can now get divorced within six months of first applying even if one partner is opposed

‘Over the past few months, I have spoken to many people asking about divorce, but who have been putting it off due to financial worries – most notably concerns about not being able to afford to live alone,’ she says.

A recent survey by Stowe of 380 people aged 25–74 who are married, living together or with a partner found 30 per cent are staying in their relationship due to concerns about the cost-of-living crisis.

Yet at the same time, nearly 60 per cent fear current financial pressures might lead to the breakdown of their relationship.

‘With so many distressed couples not feeling financially free enough to come out of their relationships, we might not see much of a rise in divorce applications on and around this year’s Divorce Day,’ says McCarthy.

The survey also found 72 per cent were not aware of new no-fault rules, which allow couples to get divorced within six months of first applying even if one partner is opposed.

The process is largely online, including the serving of divorce papers by email. But financial settlements are still dealt with in a separate and parallel process which can continue after the divorce is final.

Below, we explain the new process and round up tips from money experts on how to split your finances in a divorce. 

Do you have a question about divorce?

Legal experts can answer you on our pages. Questions are published anonymously. Write to us at: experts@thisismoney.co.uk.

Please note we will not be able to answer everyone’s question.

If you need a lawyer, the Law Society has a tool which allows you to find solicitors in your area who specialise in family and divorce issues.

If you are experiencing abuse, phone the police. You can also contact the National Domestic Violence Helpline for support on 0808 2000 247. 

How have divorces changed?

Under the old law, divorces were only granted if there was an ‘irretrievable breakdown’ of a marriage.

Either one spouse had to allege ‘fault’ by the other – like adultery, unreasonable behaviour or desertion – or provided both parties agreed, the couple had to separate for at least two years to show sufficient evidence the split was serious.

A five-year separation was needed to divorce with no consent by one partner.

Couples can now get a no-fault divorce within six months. Joint applications are allowed, or one spouse can file then has 28 days to notify their partner, by email by default plus via a printed confirmation of the email by post.

A conditional order for divorce, previously the ‘decree nisi’, can be applied for 20 weeks after the first filing, and a final order, previously the ‘decree absolute’, can be applied for after 26 weeks.

Divorces will proceed even if one partner is against, provided the right procedures have been followed.

Financial settlements will continue to be dealt with separately, and the Government is still looking at ways to reform this aspect of divorce.

However, experts have warned the emphasis on haste in ‘no fault’ divorces could make splitting financial assets like pensions fairly more challenging. Divorced women in particular often end up with very low pensions in retirement.

See the box below, and scroll down to find out more about the ways pensions can be divided in divorce.

What to consider if you are getting divorced

1. Work out your budget and future financial plan

It’s important to understand your day to day budget if you want to keep a similar lifestyle post-settlement, says Rathbones Investment Management’s head of financial planning Emma Watson.

‘Monitoring your daily outgoings, major bills and any expected future expenditures such as private school fees will give a goal to aim for when negotiating the settlement.’

Splitting pensions fairly in a divorce 

A free jargon-busting guide launched by a legal charity helps couples divide one of their most valuable assets. Find out more here.  

You should create a financial plan that fits with your goals, and bear in mind your financial settlement can be received as a lump sum or ongoing maintenance payments, she says.

2. Decide how you want to split pensions

There are three main options when dealing with pensions in a divorce – sharing them on a clean break basis, one partner earmarking some of the income to be paid to an ex-spouse after retirement, and offsetting their value against other assets.

We look at the pros and cons of each option here, and run through some further tips on what to do and how to avoid the worst pitfalls when dividing pensions.

Kirsty Anderson, pensions expert at M&G Wealth, says no fault divorces allow marriages to be dissolved in a less confrontational manner and shift the focus to practical decisions.

But she notes: ‘Although this means more attention can be directed to splitting assets, all too often pensions are still overlooked, despite being a valuable, even potentially the most valuable asset a couple has.

‘And this can be an even bigger problem if the divorce occurs later in life when any shortfalls in long-term financial planning are harder to make up.’

Ben Glassman, head of family and divorce at Evelyn Partners, warns couples splitting up not to ignore the state pension.

‘Women especially often have gaps in their career, which could affect their state pension entitlement.

‘It’s important to obtain a projection, particularly when looking to equalise the pension entitlement of the two spouses.

‘The value of a guaranteed and inflation-linked income of £10,000 from age 66 (currently) until death is not to be underestimated.’

3. Try to be clear-headed about the family home

‘Property is usually the biggest asset, and if one partner wants to stay in the family home, they will often have to forgo the majority of the other assets such as savings and pensions,’ says Glassman.

‘One spouse often wants to hang on to the family home when getting divorced, especially where children are involved. But keeping the home doesn’t always make financial sense when taken into context with other existing assets.’

He points out that a property you live in doesn’t produce an income, and it can’t be sold off in parts to meet spending needs.

Also, mortgage rates are no longer ultra-low, and might not be affordable when one party needs to remortgage, adds Glassman.

‘Think about spending as a whole and not just the tenure of the matrimonial home, and if the family home is paramount consider the compromises this might result in.’

4. Consider getting a financial planner at an early stage

We looked here at why you might need financial advice as well as a lawyer even in an amicable divorce.

Ben Glassman of Evelyn Partners says: ‘Many lawyers report that divorce applications proceed smoothly until negotiations begin around the splitting of assets, at which point tensions and misunderstandings start to derail the process.

‘It is therefore important to seek financial advice at an early stage, especially where substantial or complex financial assets are involved – such as pensions, investments or business assets.’

Emma Watson of Rathbones says a financial planner will cost your and your family’s future life and account for variables you might not have considered.

‘This will be key in working out whether any monthly maintenance will be enough, both today and in the future.

‘A financial planner will also look at the lump sum option. Using a budgeting forecast they will project spending alongside future interest rates and inflation, to calculate how much cash will be needed in the long-term.’

How does capital gains tax work? 

Capital gains tax is payable on the profits from the sale of an asset – what you sell it for, less what you paid for it.

Depending on the asset there may be certain reliefs available and each person has a capital gains tax allowance, currently £12,300 each year, to offset against their gains.

If an asset was transferred to you as a gift, then the value at transfer will be the valuation for acquisition.

When the asset is left to you through a will, then the probate value will be the value you are deemed to have acquired it for.

You can deduct costs of acquisition and disposal if relevant – the estate agent’s and solicitor’s fees on sale, for example.

You can also deduct costs where you have spent money and have added value to the asset.

She points out that it is better to bring in a financial planner early in the process, because the the opportunity to match a divorce settlement with future lifestyle could be missed if it happens after an initial financial settlement has been agreed.

5. Work out how you might be affected by capital gains tax

Divorcing couples prepared to delay transferring assets between them until next April could make significant tax savings, a legal expert explains here.

For partners no longer living together, the time limit for capital gains tax-free transfers will be extended, from the end of the tax year in which they separate to three years.

And if they have a formal divorce agreement signed off by a court there will be no deadline, says Osbornes Law family partner Lisa Pepper.

However, while this means some couples won’t face a CGT bill at all, after assets are divided up this tax might come back into play later, according to Evelyn Partners tax partner Chris Springett.

CGT could still be levied if an asset received by one of the partners is then sold – a transaction, as opposed to a transfer – unless they can take advantage of allowances or different exemptions, he says.

Some links in this article may be affiliate links. If you click on them we may earn a small commission. That helps us fund This Is Money, and keep it free to use. We do not write articles to promote products. We do not allow any commercial relationship to affect our editorial independence.

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Dominic Levent Solicitors

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Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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London, London N20 9HR

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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DWF senior associate Paul Maddock explains how his passion for board games helps in his day-to-day legal life

The reason Paul Maddock, senior associate, DWF, enjoys commercial litigation so much is that it’s all about strategy and solving problems.

“I like board games and strategy games from chess to Monopoly,” he says. “Litigation is a similar thing because you’re trying to do the best you can with the hand you — or your client — have been dealt. On the first day, the client gives you the documents and the facts, you piece them together and give them a range of options and possible solutions and help them work out the best way to proceed. I love the start of the process, when the client presents you with the problem. I also like the fact it’s quite unpredictable, with peaks and troughs in the work, for example, an urgent injunction can land on a Friday afternoon.”

Maddock has been at DWF for 12 years, did his training there, including a secondment at Lloyds bank, qualified into commercial litigation and, shortly after, returned to Lloyds on secondment for a further six months. He set out on his training contract with an open mind about what he eventually specialised in and found he really liked commercial litigation.

He’s currently a trainee supervisor and is involved in the recruitment process for trainees, sitting on interview panels and meeting candidates at DWF’s assessment centre.

On a day-to-day basis he deals with shareholder disputes, contract disputes, breach of fiduciary duties, professional negligence cases and trust and probate claims for high-net-worth individuals. These issues cover a wide variety of sectors from financial services to retail.

The application deadline for DWF’s Summer Vacation Scheme 2022 is 14 January 2022

The types of claims tend to run in trends. Currently, due to the Covid pandemic, DWF is seeing a lot of claims related to supply chain issues, force majeure, fraud and insolvency. The pandemic also moved work into the virtual sphere. As DWF is an international firm, Maddock is used to holding meetings virtually and has, due to social distancing restrictions, mainly appeared at court and attended mediation on a virtual basis since the start of the pandemic, although one of his cases in the past year went to full trial in person. As far as virtual court and mediation are concerned, he says there are advantages for both lawyer and client as the efficiencies reduce travel time and saves the client money.

This month, however, he has both court and mediation scheduled in-person, so normal life is resuming. He will also be attending the Law Society of England and Wales LGBT+ Committee in person at the Law Society’s Chancery Lane headquarters for the first time since the pandemic began. Maddock has been a committee member for three years, working to promote and oversee LGBT+ matters in the legal profession, for example, producing a best practice guide for firms, commissioning and analysing research, mentoring other professionals, signposting sources of support, and attending Pride events. There are 12-16 committee members who meet four to six times a year as well as splitting into groups for particular projects.

The committee recently published its Pride in Law report, based on a survey conducted at the beginning of this year. “It made some interesting findings,” says Maddock. “For example, you would think because of how society is and how it has changed that more junior members of the profession would find it easier to come out at work. There’s a lot of emphasis on older role models for that reason. But that’s not the case. Actually, a lot of junior professionals struggle to come out because they worry about it affecting them as they’re at the start of their career.”

Maddock also set up Out Front, DWF’s own network group for LGBT+ people at the firm, some years ago. He says:

“DWF has been very supportive of EDI [equality, diversity and inclusion] initiatives. From my experiences as a trainee on, I cannot sing its praises enough. One great event that our trainees organised a couple of weeks ago was a young professionals’ panel on EDI, where they interviewed clients about their own initiatives, and had people speaking about their own experiences.”

So, what advice does he have for prospective candidates? “Going on a secondment really helped my commercial ability, it improved my understanding of clients’ objectives and how their business works, so I would definitely recommend going on secondment,” Maddock says.

Other hints for applicants include: “Enthusiasm is worth its weight in gold. It’s important that a person is enthusiastic about the job and personable because they will be working long hours with their future colleagues. When applying, try to increase your commercial awareness by reading a publication that supports that, for example, I subscribed to The Economist, which helped me keep up to date with events.

He continues:

“On a less highbrow note, I watched Dragon’s Den, which gave me an insight into what businesses care about and how they think. Finally, find a firm that suits you and suits your temperament. It’s a two-way street — it might not seem like that right now, but it is, so it’s important to make a choice that suits you.”

The application deadline for DWF’s Summer Vacation Scheme 2022 is 14 January 2022

Paul Maddock will be speaking at ‘What corporate lawyers do — with Goodwin Procter, Squire Patton Boggs, DWF and BARBRI’, a virtual student event taking place on Tuesday 26 October. You can apply to attend the event, which is free, now.

Follow @DWF_Graduate

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Much has been written on the merits of ESG investing strategies and their ability to deliver comparable, if not superior, performance to traditional benchmarks. A majority of institutional investors are motivated to employ ESG investing strategies because they believe ESG will improve risk adjusted returns¹, yet the circumstances in which ESG leads to better outcomes are less well understood.

In a new paper in the CFA Institute Financial Analysts Journal, authors Daniel Fauser and Sebastien Utz from the University of St Gallen examine one particular channel through which ESG affects valuation, namely litigation risk. Fauser and Utz study the extent to which the number of past ESG controversies affect the likelihood of class action lawsuits. They also examine when class action lawsuits arise, whether good corporate social performance can moderate the impact of such litigation on company valuation.

Setting the scene

The investment landscape is replete with corporate malpractice and litigation examples, which can cost companies millions of dollars. Poor corporate social performance can manifest in lawsuits surrounding controversies such as managerial misconduct, executive compensation abuses, monopolistic behaviour, environmental misdeeds, lax disclosure practices, and others. Understanding when and to what extent such controversies will affect share prices can help investors better manage portfolio risks.

Corporate social performance cuts across environmental, social, and governance dimensions, such as the level of a company’s emissions, its pollution and waste management practices, human rights and labour standards, anti-corruption practices, and other governance issues. A key question for investors is whether having a good record on these issues can provide an insurance-like effect that protects valuations when controversies arise.

Diving into the data

The research shows, first, that companies that experience fewer ESG controversies are less likely to face litigation in the form of class action lawsuits. Second, it examines the extent to which good corporate social performance creates an insurance-like effect that dampens the drawdown in share price performance when litigation does occur. In other words, to what extent does ESG performance build a “reservoir of goodwill” toward a company that limits the damage when lawsuits arise.

The research also shows that the top third of companies according to ESG performance suffer an approximately 4%-5% drawdown (controlling for other factors) in a period of 21 days around a class action lawsuit filing (day zero in chart). This outcome compares relatively favourably with drawdowns of approximately 10%-11% for companies outside the top third.

The implications of these results are that all else equal, portfolios with both high ESG scores and low exposure to corporate litigation can deliver outperformance.

The research adds another nuance to the analysis of ESG and performance, which continues to attract debate among practitioners. While previous research has shown mixed evidence on the link between ESG and performance, these latest insights inform our thinking about specific instances and sources of transmission through which ESG risks can affect returns.

The research also underlines the subjectivity of ESG data and analysis. Knowing which ESG data points are valid and material to the investment strategy and process is essential for unlocking value opportunities. As the number of ESG data sources proliferates, analysts must know what weight to assign to different data inputs and how to quantify the potential impact of certain ESG risk factors. The interplay between a company’s prior ESG record and its likelihood of being litigated adds another dimension to ESG analysis.

Further, investment managers that employ active ownership strategies could consider the implications for engagement with company management. Corporate executives would benefit from better understanding how ESG performance can create a moat of goodwill that can provide share price protection when controversies arise.

Conclusion

Overall, the findings can help both investors and company management better understand when and how ESG risks affect investment outcomes. It neatly illustrates the risk-mitigating properties of ESG performance. In doing so, it serves as a timely reminder of the importance of developing a richer understanding of ESG issues when constructing an investment strategy.

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[1] Source: Future of Sustainability in Investment Management, CFA Institute (2020)

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Image credit: ©Getty Images / sarayut Thaneerat

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Mediation is a word people usually are not familiar with unless they are going through a divorce. Even when you hear the word mediation, it can sound confusing, complicated and even scary—especially if you hear myths about mediation that are simply just false.

The truth is, mediation is the exact opposite of confusing, complicated and scary. With the right mediator and an open mind, mediation can end up being an experience that leaves you feeling empowered, calm, and confident for a wonderful post-divorce future.

To learn more about mediation and to determine if it’s right for you and your soon-to-be ex, here are some truths and myths about mediation.

Here are 12 Truths and Myths about mediation:

1. Mediation works for all families regardless of their level of conflict – TRUTH.

There is a misconception that mediation can only be successful for parties with low conflict. This is a myth. We, as mediators are a neutral third party who will help guide you to move beyond an adversarial position. So, even if you feel you are a high conflict couple, we can help.

2. Mediation is more cost effective. TRUTH

When couples litigate, each spouse is paying their divorce attorney an hourly rate. Court appearances are infrequent, which can make the divorce process go on for months—even years. Meanwhile, both parties are paying their attorneys hourly and most likely receiving monthly bills that can get into the thousands, tens of thousands or even hundreds of thousands. Mediation provides the opportunity to resolve conflicts efficiently, equitably and cost effectively. Having the parties work with one professional verses with two litigious attorneys provides significant cost savings, and the process generally takes less time.

3. Mediators make the decisions for parties – MYTH

One of the biggest myths about mediation is that mediators make decisions for the parties.  This is not true. Both parties control the divorcing process. Both parties’ needs and interests are addressed, and decisions reached in mediation are made by the individual participants, not by a judge or third party. As a neutral third party, the mediator addresses each party’s needs and interests and helps guide them to a resolution they feel is equitable.

4. If a judge will allow me to plead my case, I will get a better settlement. – MYTH.

Another one of the myths of mediation is that people getting divorced think if they litigate, they will have a chance to present their case to a judge. In most cases, a party will not have the opportunity to plead their case directly to a Judge.

5. Mediation works for both parenting and financial issues – TRUTH

In my practice, we begin the mediation process by developing a parenting agreement. Once that is completed, we work through the financial issues. These are the two core pieces of a divorce settlement. Once these are agreed upon by both parties, we mediate any other issues. Sometimes the settlements will change with these other issues, but only if both parties agree.

6. Mediation is more successful without legal counsel and couples can use the same attorney – MYTH

As a neutral, the mediator does not provide legal counsel. Therefore, it is always wise for each party to retain their own attorney. This way, each party can consult on the agreements reached in mediation, and not only receive legal advice, but feel better about the mediation agreements knowing the attorney agrees that they are fair and equitable. Attorney-assisted mediation is often helpful and necessary in moving the parties forward and getting to agreements in a more timely manner.

7. Mediation provides the parties the opportunity to be creative. — TRUTH

Every divorce case and every divorce settlement agreement is unique. What mediation provides (that divorce litigation does not) is the opportunity to create a a complete settlement agreement that work best for everyone in the family. A parenting plan that works for you and your soon-to-be ex that might be perfect for you, may not work for someone else’s family. Factors include the age of the children, parents’ work schedules the emotional health of the children and the financial needs of the children and the parties.

8. If I did not mediate my divorce, I cannot mediate a post-decree issue — MYTH

Mediation is a wonderful process for couples who are already divorced, but have new issues that need to be agreed upon. Life is constantly changing, which in turn leads to changes needed in marital settlement agreements. Changes can include job changes, a change in financial status, remarriage, and kids’ emotional health.

9. Patience is a virtue in mediation – TRUTH

Mediation can feel frustrating, disappointing and even infuriating, at times. Being a mediator for 20+ years, I can tell you that if you try to be patient and trust the process, it will be successful for you.

10. Parties do not have to enter the mediation process with the same timing — TRUTH

Oftentimes, one party may be more prepared mentally to move forward and settle the divorce, while the other party just isn’t there yet. Mediation works even if both parties do not begin the process in the same mental space. We find that eventually, when the other party decides he/she is ready, the process goes relatively quickly.

11. Mediation provides an opportunity for parents to end their marriage and begin a different kind of partnership — TRUTH

Agreements that couples reach in mediation (versus what a judge decides in a litigated divorce) tend to stand the test of time because they have been agreed to by both parties. In other words, both parties understand the decisions that they came to together, with the help of the mediator. No one feels like they are being forced to do anything. Furthermore, parents learn to better communicate and become better co-parents as a result of what they learned through the mediation process.

12. If I do mediation, I never have to go to court. — MYTH

This is not true. After the parties reach a marital settlement agreement (which includes a parenting plan), they have to appear before a judge with their divorce attorneys for what’s called a prove-up. This is when the judge approves and signs off on the agreements. That said, it is a one-time, relatively quick appearance, which is not costly.

In closing, I have been a mediator for over 20 years. My passion for mediation is driven by the results I’ve seen in working with hundreds of couples. They walk away feeling empowered and content because they had a role in deciding what their post-divorce life looks like. Their parenting plans are designed to meet the needs of everyone in the family, which benefits the children immensely.

I also find that couples end up being so much more amicable as a result of mediation, which is also tremendously beneficial for the kids. If I can be of assistance, or if you have any more questions about truths and myths of mediation, don’t hesitate to reach out.

Marjorie Jacobs is a certified mediator for the Center for Conflict Resolution (CCR) in their volunteer mediation program as well as an appointed mediator for the Circuit Court of Cook County, Illinois and Lake County, Illinois. She has taken multiple mediation training courses through both the Center for Conflict Resolution and the Mediation Training and Consultation Institute. Marjorie is a member of The Mediation Council of Illinois and the both the Chicago Bar Association and the Illinois Bar Association.

Marjorie is a graduate of Washington University School of Law and Washington University School of Medicine’s Health Administration Program. She received her B.A. from Sophie Newcomb College of Tulane University. Her legal experience includes a corporate health care practice at Katten Muchin and Zavis (Chicago) and Altheimer & Gray (Chicago).

Marjorie also served as Assistant General Counsel and subsequently Director of Strategic Development for the American Hospital Association (AHA). While at the AHA she directed a national task force comprised of ADR experts in health care. Marjorie is the co-author of Managing Conflict In Health Care Organizations and has spoken to numerous audiences on the virtues of developing internal ADR programs.Marjorie serves as a member of the Tulane University School of Liberal Arts Director’s Advisory Council Board.

Memberships and Affiliations:

• The Lilac Tree
• 19th Judicial Circuit Court Family Mediation Program
• Lake County Bar Association
• Mediation Council of Illinois
• North Shore Law (NSLAW)
• Approved Mediator for Lake and Cook Counties
• Certified by the Center for Conflict Resolution (CCR)

Like this article? Check out, “9 Signs of a Healthy Romantic Relationship”

The post 12 Truths and Myths about Mediation appeared first on Divorce Blog | Divorce Support Blogs.

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS

You are in-house counsel for a consumer-facing company, and you have just been handed a letter from a plaintiff’s firm you’ve never heard of, threatening to file a class action over labeling, advertising, a company policy, or an alleged defect in your consumer product. What do you do?

Know you are potentially at risk

Any consumer-facing company is a potential target for a consumer class action, this includes manufacturers, suppliers, and potentially others within the chain of distribution. In recent years, consumer class actions have run the gamut from claims alleging false advertising and labeling of consumer products, illegal recording of telephone calls by customer service personnel, violation of the Telephone Consumer Protection Act, data and biometric privacy breaches, and violations of a myriad of specific consumer protection statutes enacted throughout the country. There is also an increasing trend of seeking class certification in traditionally one-off tort cases, particularly those involving personal care products, home improvement products, and even kitchenware.

Examine the demand letter for clues to scale of risk

The initial letter will hold many clues regarding the potential risk. For example, the name on the letterhead can signal whether there is a credible threat from a firm that not only settles, but tries cases, or whether you are dealing with lawyers who will fold under pressure, rather than pursue a case, if the merits of the claim are questionable. There may also be indications that suggest whether the threat is an attempt to quickly settle the consumer’s claim on an individual basis, or whether it is a prelude to an expensive attempt to certify a traditional class. The level of detail contained in the letter may reveal this as an opportunity to resolve a potential problem at a minor cost; an opportunity to turn what could be a minor problem into a major and expensive one; or an unavoidable litigation slog that just has to be dealt with. The threat may be a one-off or part of a nationwide trend of similar claims brought against similar industries. Minimal detail may reveal an undeveloped factual or expert record and may be an opening for a quick and cheap resolution. However, significant detail such as identification of other similar claims, reference to scientific data, or quantifying the number of individuals potentially affected by the alleged wrong may signal the claim is part of a nationwide trend. This may mean there is an easy solution to be found by conforming to the advertising and labeling changes made by similarly situated entities, or pointing to existing policy changes that have satisfied other plaintiffs’ counsel; or it may signal you are about to be dragged into an expensive and protracted process.

Prepare for the growing trend of class action claims

As the prevalence of threatened consumer class action claims continues to grow, virtually all consumer-facing companies will at some point receive a demand letter. Fortunately, the consumer class actions bar is a relatively small one where the players interact with each other repeatedly over time. This helps ensure a predictable pattern of litigation and often a roadmap for early and efficient resolution.

Copyright 2021 K & L GatesNational Law Review, Volume XI, Number 197

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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1345 High Rd

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