Tag Archives: CDSOC

Arbitration and Mediation in California: What’s The Difference in These Forms of Dispute Resolution?

by Diana L. Martinez
Collaborative Lawyer and Mediator, West Coast Law & Mediation, APC

As a family law lawyer, I really look forward to my time on duty to volunteer at Riverside County Superior Court for VSC (Voluntary Settlement Conference) day. It is offered two Fridays per month and is THE most successful mediation program in the nation with an over 90 percent success rate!

Why? Because, in order to be a mediator on this panel, you must have the highest training and qualifications as both a family law lawyer and as a mediator. Not only do we donate our time, we must be in practice at least 10 years and have hundreds of hours of mediation training and practice under our belts. Other family law mediation programs that either do not have a structured program with high mediator qualifications, or that pay retired judges to do this work, enjoy a success rate below 60 percent.

Judges have an incredibly difficult job. It takes very specific skill sets to be a good judge. But being a talented judge does not, in and of itself, make you a good mediator.

I also volunteer as a fee arbitrator in attorney-client fee disputes … Read More

Diana L. Martinez and Tracy McKenney Receive Eureka Award

Statewide award honors Collaborative Practice professionals

Media Contact: Gayle Lynn Falkenthal, APR 619-997-2495 or gayle@falconvalleygroup.com

(Irvine, California) – Family law attorney Diana L. Martinez and financial professional Tracy McKenney were honored as recipients of the 2017 Eureka Award, bestowed annually by Collaborative Practice California. Martinez and McKenney received their awards at Conference XII held in Redondo Beach, California. McKenney’s award was bestowed posthumously; she served as CDSOC president before her death due to cancer in September 2016.

The Eureka Award recognizes and honors those who “have made significant contributions and demonstrated an abiding dedication to establishing and sustaining Collaborative Practice in California.”

Diana L. Martinez is a committed Collaborative professional who has tirelessly served the California Collaborative community for many years. Ms. Martinez has devoted 100 percent of her family law practice to out-of-court dispute resolution including Collaborative Practice since 2007. She is passionate about educating others about the benefits of Collaborative Practice through personal contact. Ms. Martinez is a noted trainer and educator for legal, financial, and mental health professionals locally and nationwide on family law topics including Collaborative Practice, confidentiality, cultural competency, and ethics and best practices. She has presented to state and local bar associations and legal … Read More

Orange County Collaborative Professionals Contribute Expertise at California Conference

Twelve members of Collaborative Divorce Solutions of Orange County contributed their professional expertise to the annual Collaborative Practice California (CP Cal) Conference XII, held in Redondo Beach, California from April 28 – 30.

Cathleen Collinsworth, a CP Cal Delegate for 2017-2018 and a workshop presenter, said, “This year’s theme of ‘Harnessing the Energy’ came true. The energy was very evident throughout the entire weekend. It is my hope those of us who attended can keep that energy going throughout the coming year.”

Also presenting workshops were Bart Carey, Patrice Courteau, Dr. Carol Hughes, and Diana L. Martinez.

CSDOC member and Orange County based family law attorney John Denny received the gavel from outgoing CP Cal President Lisa Zonder, and will serve as CP Cal President for 2017-2018. Also serving with Denny on the board of directors is Diana L. Martinez.

Collinsworth expressed her desire on behalf of the conference attendees to continue collaborating together in their daily work, as well as their daily lives, and continue to educate all they meet on the value of peacemaking.… Read More

Why a Collaborative Pre-nup Makes Cents

by Suanne I. Honey
Attorney at Law, CFLS, Mediator and Collaborative Attorney

Sorry for the silly pun when this is such a serious topic. Seriously, though, pre-nuptial agreements are hot topics which give rise to many emotions.

“It paints the Devil on the wall.”

“It is anticipating failure of the marriage.”

“If he or she really loved me, this would not be necessary.”

“I am uncomfortable talking about finances.”

The list can go on and on. Sometimes emotions are an unnecessary waste of energy. Other times emotions have some benefits, even negative emotions. For example, fear in a dark alley in a dangerous neighborhood will cause you to be zealously vigilant about your surroundings which will lead you into taking appropriate steps for your safety … much like the pre-nuptial agreement itself.

Unfortunately, statistics today are not favorable for a lasting marriage. If and when there is a decision to get divorced, the person you once loved turns into the enemy. There is often a total lack of trust at the time of a divorce. There are fights over money, property, and other issues creating stress for both partners. This stress almost always filters down to the children.

Collaborative Law … Read More

Experts Contribute to Best Practices at Collaborative Practice California Conference

Orange County Collaborative Practice professionals will share their expertise with colleagues in April at the annual Collaborative Practice California Conference XII in Redondo Beach.

Members of Collaborative Divorce Solutions of Orange County (CDSOC) are in demand as professional education panelists and seminar leaders throughout Fall 2017 due to their expertise and experience working with a diverse array of Orange County clients in the Collaborative approach to divorce.

“Many collaborative professionals are committed to continuing professional education in order to provide the best service to our clients,” said Dr. Carol Hughes, CDSOC member and workshop leader. “The annual conference of Collaborative Practice California is one venue for us to do this.

“We CDSOC members are honored to be contributing to the further growth of our Collaborative colleagues throughout the state. Ultimately, the reward is offering better options to clients who want to avoid the trauma, time and expense of a litigated divorce or other disputes,” added Dr. Hughes.

Collaborative Practice California presentations include:

Collaborative Family Lawyer and Mediator Bart Carey, Divorce Coach and Child Specialist Dr. Hughes, Ph.D., LMFT, and Financial Specialist Cathleen Collinsworth, CDFA™, MAFF™ will facilitate an advanced seminar titled “Grand Rounds for Collaborative Practitioners.”

The workshop format introduces … Read More

12 Reasons To Create Your Premarital Agreement Using the Collaborative Process

by Leslee J. Newman, CFL-S, Family Law Attorney
Orange, California

  • Each premarital partner selects their own Collaborative attorney to represent him or her from the very beginning of the premarital Collaborative Process. You and your Collaborative attorney work together until the premarital agreement is completed and signed.
  • Neutral professionals such as a financial planner and/or a Collaborative coach may also be added to your Collaborative team to help you and your partner develop and fully understand your goals as a couple, and the legal and financial ramifications of your decisions.
  • Before any drafting takes place, you and your partner are encouraged to express your thoughts and concerns about what you plan to build together as joint property and what you want to maintain as separate property.
  • Full disclosure of the property and debts of each premarital partner is exchanged including some verification of each asset and each debt.
  • After full discussion, disclosure, and agreement is reached by the premarital couple, the agreement is drafted through the participation of both Collaborative attorneys.
  • After the draft of the premarital agreement is completed, the draft is fully discussed and explained to each premarital partner by his or her Collaborative attorney.
  • Additional drafts
Read More

Learn Your Divorce Options at Spring Workshops

Attending our Divorce Options Workshop and learn about the various methods for divorce in Orange County.

Informative seminars help you learn about the different divorce processes

If you are struggling to find answers for your difficult questions about divorce, attend one of the Spring Divorce Options workshops offered by Collaborative Divorce Solutions of Orange County.

The workshops take place at Orange Coast College, 2701 Fairview Road, Costa Mesa, California. The final date for spring 2017 is:

  • Thursday, April 20, 6 – 9 p.m.

Register online at the Orange Coast College website here (enter “Divorce Options” in the search box), or by phone at 714-432-5880, extension 1 (Monday – Friday, 8:30 a.m. to 4:30 p.m. only). For additional details, visit our Divorce Options page here. The seminar cost is $55 per person and includes all materials.

Our goal is helping people in a diverse range of situations. Divorce is difficult and stressful even under the best of circumstances. It can be especially hard if you have children or economic difficulties. Divorce affects people from all walks of life, and no two situations are alike.

We know from experience it IS possible despite challenges to preserve the emotional and financial resources of the family while respecting everyone’s needs during a divorce.

Led by volunteer attorneys, financial specialists, … Read More

Mom and Dad, Here’s What I Need During Your Divorce

by Jann Glasser, Marriage and Family Therapist (MFT), Licensed Clinical Social Worker (LCSW), Coach/Psychotherapist, Collaborative Coach

For children, divorce can be stressful, sad, and confusing. At any age, kids may feel uncertain or angry at the idea of their parents splitting up.

As a parent, you can make the process and its effects less painful for your children. Helping your kids cope with divorce means providing stability at home and attending to your children’s needs with a reassuring, positive attitude. It won’t be easy, but these tips can help your children cope.

A Child’s Wish List During Their Parents’ Divorce

  • I need both of you to stay involved in my life. Please communicate with me. Make phone calls, send texts and ask me lots of questions, but respect my right not to answer all the time. When you don’t stay involved, I feel like I’m not important and that you don’t really love me.
  • Please stop fighting and try hard to get along with each other. Try to agree on things that have to do with me. When you fight about me, I think that I did something wrong and I feel guilty.
  • I love you both and want
Read More

Members Lend Expertise at Collaborative Divorce Education Institute 3-Day Training

Experienced legal, financial, and mental health Collaborative Practitioners from Collaborative Divorce Solutions of Orange County shared their expertise at the 2017 Three-Day Collaborative Divorce Interdisciplinary Team Training in January. Through lectures, discussions, and group participation, the training team helped both new and experienced Collaborative Professionals to develop more skills and a new understanding of how to support and lead their clients to a successful resolution without resorting to litigation.

If you missed this year’s event, be sure mark your calendar for next year’s training in January 2018.… Read More

The Most Effective Way to Reduce the Cost of Your Divorce or Civil Dispute

by Brian Don Levy, Esq., Collaborative Attorney and Mediator

What single item can add the most cost to your divorce or civil dispute? Acting or reacting based on emotional thinking, or making unilateral decisions that are based in emotional thinking.  It is critical to understand how our emotions can drive our thinking and our behavior, and it is important to manage those emotions in a healthy way that allows for understanding viable solutions and facilitates well thought out problem solving.

Every legal and financial decision is potentially wrapped in emotion, and those emotions can prevent us from fully understanding our options and choosing the options that make the most sense going forward. For almost every divorcing couple or civil disputant, trust is usually broken and communication is not working very well, if at all.  Bringing broken trust and poor communication into the decision-making process is not a good recipe for success.

Therefore, communication coaches are an important investment to be made in achieving a long term satisfying outcome for those in conflict. I use the term “investment” because failure to understand and manage emotions is a huge cost inflator for those engaged in civil and family law disputes.  The … Read More