Of Interest to Family Court Litigants

March 31st, 2011

Court of Appeals clarifies remedies to sell marital home in face of one party’s intransigence

Part of the family court’s goals in affecting an equitable distribution of separated spouses’ marital property is severing all entangling legal relationships and placing the parties in a position to begin anew.  Often the hardest item to disentangle is the marital home.  Even before the recent downturn in the housing market, there were numerous cases […]

Not South Carolina Specific

March 26th, 2011

Mediation is an alternative <i>to trial</i>, not <i>to litigation</i>: avoid premature mediation

There are some common issues that lead to mediations failing to resolve family court disputes.  One common problem is when one or both parties to the dispute continue to take an unreasonable position at mediation. Short of browbeating the parties–which vitiates the concept of mediation–there is little else the mediator can do to settle such […]

Of Interest to Family Law Attorneys

March 26th, 2011

Unpublished Court of Appeals opinion provides guidance for mediators regarding admissibility of documents provided during mediation

From Guest Blogger, the Honorable Barry W. Knobel The South Carolina Court of Appeals filed what I consider to be an important unpublished family court opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and attorneys participating in mediation.  [On a side note, an excellent family […]

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