What is the difference between a court mediater and a court arbitrater?
916630
Both are independent neutral parties that will listen to both sides of a legal matter.  However, a mediation is usually non-binding and both sides can leave whenever they want.  An arbitration is generally binding on both sides and whatever decision is rendered, both sides must adhere to.
441679
I'm studying Communication in school and have had to take a negotiation class.  In so doing, I've learned a lot about just how sought after this specialty is.  You can make big bucks if you study conflicts, negotiation, mediation, etc.  Getting to the point, a conflict analyst is a trained individual that can diffuse a situation through constructive communication
1164327
Arms length transactions are conducted without an attorney in CA.  It doesn't matter whether or not you use an agent.  The title/escrow company acts as the settlement agent.
8238
I dont really see a difference. Surely there is differences . Like most of the time judges marry in court houses or their preferred spot. I'm not sure what the judge says, but i'm guessing its pretty similar to what a priest says in his church.
1138979
Unlike the answers above, there IS a difference between a lawyer and an attorney.\n\nAn attorney is defined as: one who is legally appointed to transact business on another's behalf; specifically : a legal agent qualified to act for suitors and defendants in legal proceedings\n\nA lawyer is defined as: one whose profession is to conduct lawsuits for clients or to advise as to legal rights and obligations in other matters.\n\nAlthough they LOOK similar, they are different.  It comes down to this:  a LAWYER is someone that went to law school and graduated.  An attorney is someone that has passed the bar exam in the jurisdiction that they practice in.
1123217
Wtf is an Arbiter?? \n\nlike on Halo??\n\ni have no idea what you are talking about\nbut noone else will answer this question\n\nso give me 10 points
731562
Try:\n\nNational Conflict Resolution Center\nhttp://www.ncrconline.com/\n\nAssociation for Conflict Resolution\nhttp://www.acrnet.org/\n\nModel Standards of Practice for Family and Divorce Mediation\nhttp://www.afccnet.org/pdfs/modelstandards.pdf
510081
"Lawyer" is a generic term for anybody having studied the law, "advocate" is somebody having clients, a lawyer or counsel in the American sense. \n\nSolicitor, finally, is a British term, meaning a lawyer who doesn't go to court (that's what a barrister is for), but peprares briefs or contracts on behalf of a client, and "instructs" a barrister if necessary.
80344
In California at least, the judges hold Case Management Conferences in order to see to it that the cases are moving along, the attorneys are doing their jobs, and there are no problems in the discovery process that need the judge's attention.  The attorneys each submit a Case Management Statement (on a standard form) before the conference, so the judge knows what the issues are, if any.  If they are mostly done with the discovery process, or have the remaining items (usually depositions) all scheduled, then the judge will normally set them for a mandatory settlement conference and trial.  These dates will be some months in the future, so they have plenty of time to prepare.  Some counties set the settlement conference a couple of weeks before trial; some only a few days.  The closer the two events are in time, the more the attorneys will have to be nearly prepared for trial when they go to the settlement conference.\n\nThere are a lot of details here, and if you are in propria persona (representing yourself instead of hiring a lawyer), you will need to keep in close touch with the county clerk's office to be sure you comply with all the regulations.\n\nGood luck!
372667
A plaintiff is someone who has filed a lawsuit.  A defendant is someone who is defending against a lawsuit.  That has nothing to with contracts.  If you are negotiating a contract, there is no specific legal terms ot name the negotiating parties.  After you reach an agreement, you are a party to the contract.\n\nIf you make an offer, you might be called the offeror and the recipient by the be offeree.  The basic elements to a contract are:  (1) offer; (2) acceptance of the offer; and (3) an exchange of value.
461998
Details vary depending upon the type of suit, the court and the amount in controversy, but basically the steps are as follows.\n\nFirst, the Plaintiff files a Complaint. This says what the other party (the Defendant) did wrong, and what they owe the Plaintiff and why. Copies of the complaint are given to the court, and must be served on the Defendant[s].\n\nThen, the Defendant files an Answer. This rebuts the claims made by the Plaintiff, and asserts any defenses. The Defendant can also file a Counter-Complaint, which is their version of the Complaint (see above).\n\nAlternately, a Defendant may file other civil procedure motions attacking the Plaintiff's Complaint, saying it's not valid, wrong court, improperly formatted, whatever. Some civil procedure rules sometimes allow this category of filing instead of an Answer. \n\nOnce the Complaint and the Answer are filed, lots of pre-trial motions can occur, case management conferences are scheduled, preliminary hearings before the judge, etc. Discovery also happens along the way, which is where the parties get to ask each other for copies of potential evidence.\n\nDuring this intervening period, the vast majority of cases settle. Some estimates are as high as 80% to 90% of cases never actually go to trial, being resolved either in mediation or negotiated settlement, or dismissed because they are not valid for one reason or the other.\n\nFinally, at some point (if the parties have not come to a settlement) the case is schedule for trial. If you've watched any of the hundreds of movies or TV shows about trials, you get the idea. The trial is actually a very tiny fraction of the entire process, but it makes for the best on-screen drama.\n\nAt the end of the trial, a decision is handed down. Almost always, one party wins, the other party loses. \n\nThen the appeals process can start (see above, but all using different rules this time).
654824
An insurance agent/broker that, for a fee or larger commission paid by the insurance carrier, performs many of the functions normally handled by the insurance carrier.
787770
Mediation is generally useful where the parties can negotiate on reasonable equal terms, and can discuss matters to reach a common solution.\n\nIn many juvenile justice situations, the parties can never be on anything close to equal footing. Same with domestic violence cases. So, any negotiated settlement is likely to come out inherently unbalanced.
1057182
plaintiff or petitioner
624017
if cost is an issue, it will always be cheaper to go to a mediator.  also he/she should call the local courthouse where they are going to file.  there will be a family law facilitator who can assist him/her with questions and in filling out the paper work.  they wont appear in court for you, but will walk you throuh the process step by step.  and its FREE!
767953
Dual court system .. is like when you are having a biz abroad and have problems with other courts not in your country, so you have to be sure that your biz contract are showing that your biz cases related and can be solved on one court only and you can name it , so no one bring you a problem latter.\n\ngood luck
1187279
I'm sorry to hear about your marital difficulties.\n\nI'm a divorce mediator and an attorney.  I will tell you what I would tell prospective clients:  \n\nPlease do not think of mediation as a substitute for legal advice.  It is not.  You have questions right now about the legal consequences of moving out of your house and leaving your children with your husband.  A mediator cannot answer that.  \n\nOnly an attorney admitted to practice in your state can provide you with the independent legal advice you need in order to make fully informed decisions about the issues your question raises.    \n\nYes, mediation can be a helpful way for people going through separation or divorce to sit down together and have a productive conversation about the decisions they will need to make.  These can include things like creating a workable parenting plan for the children and to make decisions about issues like the division of property or planning and paying for college.  \n\nMediation works best when both spouses are clear about what they want, whether it's divorce or separation.  Contentious, highly complex cases are probably not suitable for mediation.  \n\nWithout knowing more about your situation, it's impossible to say whether mediation is appropriate or not.  Only you can answer that.  Discuss your case with an attorney to help you decide that.  Also contact family mediators and talk with them.  Most mediators take care to rigorously screen cases before accepting them. \n\nEven if you eventually do use mediation to help you and your husband work out an agreement together, you should each still consult with your own separate attorney before signing any agreement reached through mediation.  Mediators themselves, even if they are attorneys, cannot provide you with legal advice.  \n\nAgain, mediation is no substitute for legal advice.  And this web site is not the place to get the professional advice you need.  Most respondents are lay people who are not in the best position to answer an important question like this.  You wouldn't ask for help diagnosing a medical condition through a forum like this.  Please look for your answers from trained professionals who are qualified to help you.  \n\nBest of luck to you and your two sons.  I hope you're finding ways to get the support that you and they need during this difficult transition.