Streamlined Family Law, developed by Michael Hiller, is designed to streamline your case, no matter the issues. For example, many cases don't need litigation, so we design your case without it. If you and your spouse and their lawyer see things the same way, then it's a whole lot easier. If, on the other hand, your ex is a narcissist, then we prepare for complex litigation. Even then, we have special training and experience that help us to keep even the most challenging high-conflict and parental alienation cases under control.
Most cases are somewhere between both parties being on the same page and both parties being on the opposite. That's where Streamlined Family Law is especially important. We contact the other lawyer and try to devise a way to control your case. That may be Collaborative Custody, Mediation, or Collaborative Arbitration, but no matter what, the goal is to keep things from becoming nasty.
Collaborative Arbitration (CA) provides a better process than courtroom litigation, where your case has no rules on how long it takes and how much it will cost. It is also designed to meet the new Texas rules on how long a case can go. Collaborative Arbitration is designed for Custody but can be used for all litigation. Although it is a model for the courtroom, it is being used within the binding arbitration process. CA differs from traditional arbitration because the arbitrator takes charge when the case starts and continues through the end. Also, it includes the ability to appeal to other arbitrators. Formal arbitration is usually out-of-control litigation until the pre-trial and final trial when the arbitrator first appears. CA is also an alternative to collaborative Custody, which can be expensive and take two years or more. It can be done with or without attorneys.
The CA agreement ALWAYS includes arbitration of the following:
1 The arbitrator takes charge at the beginning of the case and stays until the end. She presides over every hearing, including temporary orders, discovery disputes, enforcement (although not contempt), final and post-trial;
2. A list of all the issues that the arbitrator decides,
3. How long the case will take;
4. If at least one party wants to explore reconciliation, a ruling on that;
If agreed on, the parties may, or the CA Arbitrator decides:
1. Mediate Before the Arbitrator starts a hearing.
2. The total fees that can be expended, based on the size and complexity of the estate and the children's issues;
3. What issues can be discovered, and to what extent (what discovery can be done, and an agreement that there must be full disclosure);
4. Any other issue that will prevent the case from being out of control, becoming a nasty custody matter;
5. Whether the parties will have jointly engaged experts or otherwise.
6. Whether 1 or 3 arbitrators can hear appeals on decisions;
7. Any other issue that Isn't against the law or public policy.
Collaborative Arbitration aims to give the parties certainty that decisions will be made without one or both parties going off the rails, without the risk of being out-of-control, stressful, and expensive.
Materials are subject to Copyright 2023 - 2024, Michael Hiller and Hiller and Associates, PC.