Tag Archives: Mediation

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

Your Six Different Divorce Alternatives

You have choices in the way you pursue a divorce in California. Collaborative Divorce in Orange County. 949-266-0660.

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

1.  Self-Representation (“Pro-Per”)

Both parties may consult with attorneys, but decide to represent themselves in or out of court. Both parties are ultimately responsible for the agreements and paperwork that goes to the court for filing including the final Judgment.

2. One-Party Representation

One party is represented by an attorney and the other is not. Generally, the party who has the attorney is responsible for drafting the paperwork, and the unrepresented spouse would get advice as to what he or she wants included in the final Judgment.

3. Both Spouses Have Representation

Both spouses have their own litigation counsel, and try to settle parts of the case through settlement discussion. If they are unable to settle some or all of the issues, the case goes to court for a judge to make the decisions for the spouses.

4. Mediation

Both spouses retain the same mediator who acts as their neutral facilitator and does not represent either party. Depending on the style of the mediator, and whether or not the mediator is an attorney, the spouses may have the benefit of being educated as to the law, available options, recommendations, … Read More

The Role of a Collaborative Divorce Coach

A Divorce Coach can help you navigate the emotional storm as you go through this life transition.

by Jann Glasser, LCSW, MFT

Divorce is just as much a life transition as marriage. Divorce is not about the division of property; it is about the division of lives.

Closure rarely comes with the decree of dissolution issued by the court. Closure can come more easily through Collaborative Divorce, where a team of Collaborative professionals helps you to facilitate peacemaking in a private, respectful process out of court instead of waging war in a courtroom.

Depending upon the needs of the transitioning couple, various professionals are selected to be part of the team assisting spouses in a healthy positive transition from their lives together into two separate households. One of these professionals is the Divorce Coach, a licensed mental health professional who is a specialist with clinical experience in human behavior and family systems. We help families learn new skills in conducting themselves in times of stress during the Collaborative Divorce process.

Our role as Divorce Coaches during a Collaborative Divorce is assist people through the transition process, to provide a soft landing spot for clients to deal with the range of emotions that are inherent in any marital breakup. Coaches can help you to determine what is truly … Read More