Month: June 2017

Domestic Violence & Mediation

Judges in Kentucky Family Courts are precluded by law from ordering parties to mediate when there is a Emergency Protective Order (EPO) or Domestic Relations Order (DVO) in place between a couple. In fact, even if there is no EPO or DVO but a court has made a finding that there has been domestic violence, KRS 403.036 keeps a judge from ordering mediation unless the victim volunteers to mediate. The reason for this is obvious, the main issue in a domestic violence situation is the exertion of control by one person of the through intimidation. Physical contact does not have ...
Read More

Saving Your House: Mortgage Business Loans

I speak with many small business owners who have weathered tough financial struggles in their businesses and need some sort of relief. Inevitably, at least one business loan has insisted on a second mortgage against their house. This becomes problematic if the business person is forced into bankruptcy as a last resort and also wants to keep his or her residence. There are two possible sources of relief, only one of which do I address in this post and I am not going to touch on a Chapter 11 at all because that is nearly always to expensive for a small ...
Read More

Next Gen. Mediation

Better, more effective mediation exists.  Don't get me wrong, traditional mediation is wonderful. My clients usually experience good results from the mediation structue practiced in this region. That model, in essence, has the two parties agreeing on a mediator, a place and a time to come together and work through as many points of disagreement as possible in one session. Usually, the mediation is from a few hours to all day, though mediations occasionally can be multi-day events. But, I am convinced that is not the best model. You see, when people come in for that single day, they have ...
Read More
Troutman & Napier, PLLC