ALTERNATIVE DISPUTE RESOLUTION

Most people believe that the only way to resolve your family dispute is to go to court, litigate the issues, and have the judge decide. However, in California it is the public policy to inform and encourage people to seek alternative dispute resolutions (ADR) in their family disputes. There are several forms of ADR processes that our firm provides. They are: 

MEDIATION

Mediation is one ADR process to resolve your family dispute. In mediation, the parties work with an impartial third party, the mediator. The mediator does not represent either party but is rather someone who can educate both parties and be a neutral partner in helping the parties come up with creative solutions that work for their family. 

Through mediation, the parties will meet with the mediator to help them negotiate a settlement. This allows the parties the opportunity to choose their own outcome together that is based on their own values and notions of fairness. In mediation, parties can maintain control over a joint outcome and create solutions and successful plans that works for their family.

Given the emotional and financial issues that arise when a family is separating, other professionals, such a neutral financial advisor or mental health professional may be brought in to work along with the mediator and the parties. This is also known as co-mediation or integrative mediation

Parties can begin and finish their dispute process in mediation. This often saves time and financial resources for the parties in resolving their dispute.

Though not required, it is recommended that participants in mediation have a consultation with an attorney before signing any binding agreements. 

COLLABORATIVE DIVORCE

The collaborative process is a voluntary dispute resolution process designed to reach a mutually agreeable settlement without court and without a traditional litigation process. In the collaborative process, the parties sign an agreement to not litigate while engaging in this process. Each party retains an attorney who is certified in the collaborative process, which also includes a 40-hour mediation training. Once the parties have retained their respective attorneys and have signed the agreement to engage in this process, then together they work to build a team of other professionals, which can include one coach or two for each party, a financial professional, and a child specialist if there are children. 

In the collaborative process, the client retains complete control over the settlement terms. The role of the professional team is to support the client in finding solutions that are realistic, well-informed and tailored to your family’s needs.

SETTLEMENT NEGOTIATIONS

Parties can construct their own settlement agreements outside the court process without mediation or a formal collaborative process. We represent you in this process and can provide guidance and advice to a party who chooses to do this on their own.