Collaborative Law & Mediation Legal Terminology

• Affidavit: A sworn, voluntary statement
• Agreement: A mutual understanding between two or more parties regarding each person agreed action to be performed in the past or future
• Answer: A respondent’s first pleading in response to petitioner’s allegations; if no answer is filed, the petitioner can obtain a default judgment
• Appeal: Proceeding to challenge a final decision made by a trial court; the case is delegated to a higher authority to determine if the trial court abused their legal discretion; a decision may be reversed on appeal
• Arbitration: A form of alternative dispute resolution – avoids the courtroom and the expensive cost associated with settling a case at trial; involves a neutral third party to help reach an agreement that is binding on all parties involved
• Collaborative Family Law Act: A form of alternative dispute resolution; Act established in 2011 to encourage peaceful methods of resolving disputes; collaborative law settlement can involve several neutral parties working with the parties and their lawyers to achieve an agreement
• Default: When served with court documents, you must legally file an answer; failure to do so can result in a default judgment, which will likely be unfavorable for your circumstances
• Discovery: The formal process of information gathering and sharing between the parties of a case
• Due process: Conduct implemented procedurally in order to protect your rights as an individual; due process includes right to notice and right to a fair hearing
• Filing: The act of providing the court with documents that are officially added to the case file
• Final orders: Final orders can be issued in the form of a Final Divorce Decree, Order in Suit Affecting the Parent-Child Relationship or other order that is intended by the parties and the court to be enforceable permanently
• Mediation: A form of alternative dispute resolution – avoids the courtroom and provides a more relaxed and personable environment; mediation can result in a mediated settlement agreement which is binding on all parties; mediation is often used to avoid the cost associated with going to trial
• Petitioner: A party that initiates a proceeding by filing a petition with a court
• Pro Se: A party to a suit who represents themselves in a law suit
• Respondent: The party who responds to a suit initiated by a Petitioner; sometimes referred to as defendant
• Service: The formal delivery of official legal documents; also known as service of process; a person is entitled to notice under their due process right
• Social study: A formal investigation into the home of a child; a social worker performs an assessment of the home environment; investigations are prepared where there has been abuse or neglect to a child or to prepare for adoption of a child
• Subpoena: The method used to compel a person to appear either in front of a court or other form of tribunal – including depositions; failing to appear may result in a penalty
• Suit Affecting the Parent-Child Relationship: Abbreviated as SAPCR; a suit brought to determine the care, custody, and control of a child; SAPCR involves all issues that affect the parent-child relationship including child custody, rights and duties of parents, child support, visitation, and other related aspects; must be filed by a person with standing; A divorce case involving children must also file a SAPCR simultaneously with the original petition for divorce