COURT DELAYS MAKE THE COLLABORATIVE PROCESS A BETTER OPTION

With states forced to slash budgets, including court budgets, the delays in the judiciary system are getting increasingly worse.  Delays are causing havoc to families who are often left without solutions to their real problems, creating further conflict and strife to an already emotional situation. In New Hampshire, it can takes courts several months before they will schedule an initial hearing and then take several more months to issue an order from the hearing.  The lack of court funds is resulting in a decreased number of judges and marital masters as well as court staff and personnel.  These cuts are resulting in delayed hearing and trial dates.  For example, a trial in the New Hampshire court system could take two years from the date the divorce petition is filed, which could be extended another two to three years if an appeal is filed with the New Hampshire Supreme Court.  The delays in the Massachusetts court system are even greater.  The net result is that the cost of litigating a case increases greatly and provides much more uncertainty for the litigants and their family.

The collaborative process offers a much better solution than the traditional court system and often results in resolutions much quicker than the court system will allow.  The collaborative process is unique in that it allows the parties to schedule meetings and conferences on their own schedule as the situation dictates.  For example, when financial emergencies develop in the collaborative process, the parties are better able to address them through conferences and meetings that can be scheduled promptly as the situation needs.  This often results in less stress and conflict between the parties and results in a better resolution for the family.

Please contact Kevin Rauseo at Hamblett and Kerrigan, PA for more information regarding the collaborative process.

Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A.  He concentrates his practice in the areas of civil litigation, medical malpractice, personal injury, insurance defense and family law. He is a member of the Collaborative Law Alliance of New Hampshire. You can reach Attorney Rauseo at krauseo@nashualaw.com.

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