In the Spring 2008 Newsletter
The Halloween Story:
A Lesson for Divorced or Separated Parents
By Susan M. Daubner, Elmira, NY
I couldn’t wait to tell Mommy what I wanted to be for
Halloween. A princess. But wait, was it a Mommy day or a Daddy
day? I couldn’t think, so I asked my teacher, after all
I’m only six.
My Mommy and Daddy are the “D” word. Divorced.
Mommy says it’s not my fault. She said that she can’t
live with Daddy. I heard them fighting. Mommy cried a lot. Daddy
even cried too I think.
They don’t live together anymore, but I wish I could
see both of them all the time. I have two houses now. A lot
of my friends have two houses too. Its okay, but I wish. . .
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MEDIATION AS AN EFFECTIVE
TOOL
By Bernard W. Smalley, Sr., Philadelphia, PA
As trial lawyers, we are born to believe that the final decision
maker for all of our clients and their causes must be the men
and women in the “box,” i.e., our jury system representing
the judicial system at its best.
But for some of the reasons that follow, I would offer for
your consideration the fact that in some cases, especially in
those in which the social fabric of the family has been altered,
litigation before a jury may not always be in the best interest
of our clients.
By way of example, recently, and I believe all of our offices
across this nation are experiencing the same types of situations;
tragedy occurs within a blended family (i.e., where the death
of a minor who lived in a home that consisted of her natural
mother as well as a stepfather and the natural father has a
presence); or where the underlying claim is based upon a sexual
assault or a rape; or in a situation where there is a central
accident, i.e., school bus accident involving multiple minor
plaintiffs. All are situations which require, at the outset
at least, consideration for the use of a mediator as opposed
to a jury trial.
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This paper, available free to members of the Family
Law Section, was presented at the 2007 AAJ Annual Convention
in Chicago. Copyright © 2007 American Association for Justice.
Further reproduction of any kind is prohibited. For more information,
call AAJ Education at (800) 622-1791. To purchase other papers,
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