In the State Courts, the legal decisions are made on issues that affect the lives of the citizens in general. The courts address the problems to the effect of making some become laws or reinforce the ones that have been made from the Federal consent. In the website sponsored by National Center for State Courts, there are several topics regarding the courts. One of the themes that attract my attention is the Marriage/Divorce/Custody/Support. Under this, there are several instances and laws that address the way a marriage and divorce is handled. The topic has information on the Divorce Mediation Program, which I will is my focus here.
Upon the filing of an answer to divorce complaint (petition), the issues under contention are referred to mediation. This is a requirement. The issues under dispute prompt the parties to spend some time in at least one session of mediation to come up with a solution. The participation is mandatory before the divorce can go through the court. However, this is not applicable in a situation whereby the parties are excused from participating in the mediation session for a good course. The entry of pretrial orders is not precluded in the arbitration requirement.
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The concerned parties are required to identify and pay for the services from a mediator. This mediator must be qualified under the ADR Court Roster for the provision of Divorce Mediation as per the Section 78-31b-5. It is a requirement that the mediation cost is divided equally between the disputing parties unless there is an order from the court that suggests otherwise. A pro bono mediator is available for the parties who cannot afford a qualified mediator.
Mediation is necessary because the parties get some time to communicate directly and share information that would otherwise be difficult or impossible to have while going through the divorce. It is important in issues related to family as it encourages a collaborative solution to problems especially when there are children involved in the dispute. It helps to formulate the way forward for parenting agreement. Mediation creates a conducive environment to identify and address the emotional issues that are associated with divorce and parental disputes and making the parties have a well-structured focus to a common interest which is the future of children and resolution of disputes.
The issue of divorce is important as it brings several disputes that can lead to even possible fatalities depending on the intensity of the grudge. Thus it is of importance to carry out the mediation which is cheaper than the court cases.
The other topic of interest is immigration. Under this subject, the issue of precedent decisions is of importance. These are administrative decisions of the Attorney General, Administrative Appeals Office (AAO), and Board of Immigration Appeals (BIA). These offices are designated by the Attorney General, Department of Homeland Security (DHS), and the BIA respectively. The Department of Justice Executive Office for Immigration Review (EOIR) writes these precedent decisions and binds them in volumes which go by the title “Administrative Decisions under Immigration and Nationality Laws of the United States.” The decisions are legal documents that link on the components of the DHS which are accountable for reinforcing the laws of immigration in all the proceedings of immigration issues. On the other hand, the precedent decisions can be overruled or modified by Federal Courts, Attorney General, changes in the immigration laws, and the following precedent decisions that make the previous ones obsolete.
The BIA and AAO are not Federal courts, but their rulings are to be reviewed in the Federal courts. These courts provide more deference to the decisions and the unpublished ones in which the same legal reasoning was observed.
The issue of legal decisions on immigration laws is important because, in the United States, the issue has been a focus of discussion especially after the administration of the current president suggested a bill for deporting illegal immigrants. It is thus important to know the chain of decisions of the laws concerning this issue.
References
National Center for State Courts. (n.d), Accessed Jul 3, 2017 from http://www.ncsc.org/
