Will “Calendar Crush” Push “Hybrid Settlement”?
by Stephanie Maloney
If you are getting a divorce before the end of 2018 you should be aware of the 30th of June as the final day to file your paperwork.
If however, you need to finalize or amend your current settlement agreement then early October is when the clerks need your paperwork to review. That’s very important to a lot of people because of the uncertainty created by the changes to the tax laws added to the fact that we are looking at the start of summer vacation. [S1]
Lawyers, despite the bad jokes, are just like the rest of us when it comes to “time in the sun” and their personal calendars will reflect that proclivity through the Labor Day holiday.
I’ve been talking with some lawyers and mediators about contingency plans for improvising a way to help address what might become a scheduling nightmare in the months ahead.
Hiring independent judges has been the traditional strategy for litigators to turn to in times of overwhelming demand for their time but that might not be the best choice for the client. The factors of time and cost, in this specific application, might open the door for mediation to replace “independent adjudication” as a matter of “the greater benefit” to the client.
Because mediation can usually be more efficient as a process it would be possible to save time and money without interfering with the relationship between the client and the lawyer.
If scheduling and the calendar become “speed bumps” for you in terms of making the December 31 deadline please ask your legal advisor to consider contacting a mediator about a faster and possibly less expensive solution.