Posts Tagged ‘Barry W. Knobel’

Recent amendments to the ADR Rules – “Early Neutral Evaluation”

From guest blogger: Barry W. Knobel of Knobel Mediation Services If you have not had the time to review them, on April 30, 2012, we received notification from the South Carolina Supreme Court regarding formal amendments (which are now in effect) to the South Carolina Court-Annexed Alternative Dispute Resolution Rules. You can access the ADR Rules […]

Rethinking my opposition to family court arbitration

For a few years my friend and colleague, Barry W. Knobel of Knobel Mediation Services, LLC, has been encouraging me to rethink my opposition to family court arbitration.  Barry is a retired family court judge–thus my frequent, joking references to him as “the formerly honorable…”.  He now makes his living doing family court mediation and […]

Beaten by implicit credibility determinations

My client, for completely explicable reasons, but much to my disappointment, has decided not to seek rehearing and eventual certiorari of the unpublished May 18, 2011 Court of Appeals opinion in Dulaney v. Dulaney.  In a completely related item, I just finished my second day of cross examining an alleged contemnor in a rule to […]

A retired family court judge’s view of the import of Lewis v. Lewis

From guest blogger, the Formerly Honorable Barry W. Knobel. I jokingly refer to Barry W. Knobel as “formerly honorable” because he stepped down from the family court been in 2009 to start a practice devoted to family law mediation and arbitration.  His analysis of the May 9, 2011 Supreme Court decision in Lewis v. Lewis, 392 S.C. […]

Unpublished Court of Appeals opinion provides guidance for mediators regarding admissibility of documents provided during mediation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Blogger, the Honorable Barry W. Knobel The South Carolina Court of Appeals filed what I consider to be an important unpublished family court opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and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 […]

Pulled inexorably into disaster

Life is competitive–survival-of-the-fittest and such–and lawyers are among the more competitive life forms.  We don’t like to lose and we especially don’t like to lose big.  Yet, no matter how good an attorney is, occasionally we find ourselves handling a situation in which disaster looms with little the attorney can do can prevent it.  In […]

Provision for adjustment of child support using a “Shared Parenting Formula” [Schedule C]

From Guest Blogger, the Honorable Barry W. Knobel I’ve been involved in a number of mediations in which we were working to settle a child support issue for the parties who had agreed upon a “shared parenting” arrangement, using, essentially, a Paparella-styled formula. In trying to establish a “range of acceptability” within which to work, the parties agreed, […]

Trial or mediation – why not let your clients decide?

From Guest Blogger, the Honorable Barry W. Knobel I recently mediated a case in which an attorney informed her client that “you can add a minimum of 2 hours for my trial preparation for every hour I spend with you at the courthouse in trial.” I remembered the caption in that classic cartoon of an attorney […]

 

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