Expert: Timmy Chou - 1/29/2005

Question
Hello,
I am not sure if you can help me, but I could not find another subject that even came close to relating to what I need to know.

I was wondering if it is legal for a judge to not allow a defendant's family into the courtroom during the trial?  Would the reasoning that the family is too large for the courtroom, and therefore would take viewing seats away from the citizens be reason to not allow ANY family into the courtroom? If the defendant has no past criminal record and has not acted disrespectfully in ANY WAY in past court appearances, would this type of a ruling be legal?  

Thank you for you're time.

Jess DiGregorio

Answer
Thank you for your question!

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

I am not a lawyer, and cannot answer definitively on your question.  I do know that in many jurisdictions judges have wide discretion to allow or not allow people in the courtroom.  They may feel that a large family would be disruptive or become a 'cheering section" for one of the parties and therefore prejudicial in some way.  Be sure to contact the court clerk and make sure there is a court ordered ruling.  Don't take a lawyer's word on it especially if it is from opposing counsel.  

These are some ideas.  Feel free to follow up with additional questions.  Good luck.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no %100 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Less costly than litigation
    Preserves business relationships
    85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more hare
    usually more expensive than mediation and arbitration
    part of the public record