More states adopting divorce mediation: with nonlawyer mediators, some spouses will get bad deals, critics claim

Article Abstract:

Attorneys and judges continue to debate the pros and cons of divorce mediation and courtroom adjudication of domestic relations matters. As this debate goes on, divorce mediation programs are becoming more prevalent. Proponents say mediation is less expensive and fosters cooperation between the parties, while critics say dispute resolution can lead to a bad deal for some. Rhode Island is the latest state to adopt divorce mediation. Other states with similar programs include California, Connecticut, Colorado, Florida and Hawaii.

Evaluation, Divorce mediation, states

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Courts saving time and trees; electronic case filings gain ground, but nonlawyer use is a stumbling block

Article Abstract:

Increase in pro se representation is a side effect of the growth in electronic case filings. Electronic case filing dates from 1991, when a Delaware state court first used to track the growing volume of asbestos-related litigation. Pro se litigants make up a large and growing share of trial court loads, and these courts must figure out a way to make electronic case filing accessible to them without giving them a license to engage in abusive litigation.

United States, Analysis, Technology application, Court records, Legal documents, Pro se representation

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Annuities as fees get boost by tax ruling: judge says some structured settlements not taxable until payments received

Article Abstract:

The US Tax Court held in Childs v. Commissioner that taxes for attorneys paid with annuities from structured settlements can be deferred until receipt of the money. This decision rejected the IRS argument that under IRC 83, the attorneys could be taxed on the fair market value of the right to receive annuity payments as soon as the structured settlement was arranged. The court felt that the settlement agreements were not property as defined in IRC 83.

Usage, Taxation, Attorneys, Lawyers' fees, Structured settlements, Annuities

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