As a follow up to the discussion on the use of mediators & arbitrators, I have
another scenario. Over the last year, I had 2 cases finish through lawyer
negotiation (exchange of emails & phone calls). An experienced CP lawyer from
outside my area said that this is not allowed under CP. I see it as ok if
necessary--as long as court not involved. Let me say that both cases involved
experienced CP lawyers and
happened before we had any MHPs trained in NH.
Case #1 involved high conflict & lots of button-pushing. After many sessions
over several months, there were some issues remaining & W would not meet in
4-way again. So her lawyer & I settled the remaining issues & the divorce
happened.
Case #2 -- the folks just ran out of money, in part because of a 40 minute
travel time between lawyers offices. (Not uncommon in NH.) So, the lawyers
settled the remaining issues.
What should be done when much is settled but no more 4-ways are possible?
Settle it through lawyers? Or send them to litigators to litigate the remaining
issues?