Atkinson & Kelsey, P.A.

Atkinson & Kelsey, P.A. from Albuquerque New Mexico works as Appeals Lawyers, Arbitration & Mediation Services, Arbitration & Mediation Services Attorneys, Bankruptcy Lawyers, and Custody & Support Lawyers. Feel free to contact us at the following contact information.

2155 Louisiana Boulevard NE Suite 2000 Albuquerque New Mexico, 87110
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(505)883-3070

(505)889-3111

www.lawyers.com/atkinson&kelseylaw

lle(at)atkinsonkelsey.com

Last updated 2021-07-05

Specialties of Atkinson & Kelsey, P.A.:

Appeals Lawyers
Arbitration & Mediation Services
Arbitration & Mediation Services Attorneys
Bankruptcy Lawyers
Custody & Support Lawyers

Appeals Lawyers: A challenge to a previous legal determination. An appeal is directed towards a legal power higher than the power making the challenged determination. In most states and the federal system, trial court determinations can be appealed in appeals courts, and appeals court decisions can be appealed in a supreme court. The person pursuing an appeal is called an appellant, while the person defending the lower court’s ruling is the appellee. Appeals can be either discretionary or of right. An appeal of right is one that the higher court must hear, if the losing party demands it, while a discretionary appeal is one that the higher court may, but does not have to, consider. For example, in the federal system, there is an appeal of right from the District Court to the Court of Appeals, but appeals from the Court of Appeals to the Supreme Court are discretionary.

Arbitration & Mediation Services: Arbitration is an alternative means of setttling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in ordert to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association. If there is no contract, usually each party chooses an arbitrator and the two arbitrators select a third to comprise the panel. When parties submit to arbitration, they agree to be bound by and comply with the arbitrators' decision. The arbitrators' decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.

Arbitration & Mediation Services Attorneys: Arbitration is an alternative means of setttling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in ordert to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association. If there is no contract, usually each party chooses an arbitrator and the two arbitrators select a third to comprise the panel. When parties submit to arbitration, they agree to be bound by and comply with the arbitrators' decision. The arbitrators' decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.

Bankruptcy Lawyers: Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors.The philosophy behind the law is to allow the debtor to make a fresh start, not to be punished for inability to pay debts. Bankruptcy law allows certain debtors to be discharged of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full. Some bankruptcy proceedings allow a debtor to stay in business and use business income to pay his or her debts.

Custody & Support Lawyers: In most states, family courts determine child custody arrangements based on what is in the best interests of the child. So how is that decided? The courts look at a number of factors in making this determination, such as the parents' desire and ability to care for the child, the emotional bond between the child and both parents, the adjustment needed if the child has to move to a new area, and, if old enough, the child's wishes. Frequently, parents or other adults who have raised a child will be required by the court to take part in mediation. In mediation, you can discuss what you want, any problems you've had exchanging the child from one home to the next, and anything else that's relevant to the situation. Hopefully, you can come to a resolution everyone can live with. Otherwise, the judge may make a parenting plan that neither parent is happy with. However, it's important to note that if there was domestic violence in your relationship with the other parent, you may be able to skip mediation.

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Atkinson & Kelsey, P.A.

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