Articles Posted in Alternative Dispute Resolution

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Going through a divorce and settling all related issues can be trying. Most people want to put the marriage and legal issues behind them once the divorce is finalized. Unfortunately, this is often not the case. Frequently, a former spouse will return to court in the years following a divorce in order to revisit legal matters or raise new complaints. Each time you return to court can be costly, and acrimonious tendencies may arise again. It is always important to have an experienced family law attorney on your side, one who can help you get the outcome you deserve and make the process of returning to court easier amark sanfordnd less costly.

The Ongoing Case of U.S. Representative Mark Sanford

Mark Sanford is a member of the United States House of Representatives and a former governor of South Carolina. In 2009, Sanford disappeared unannounced for several days; his assistant claimed Sanford was hiking the Appalachian Trail. When he returned, Sanford admitted to having an affair with a woman in Argentina. Sanford’s wife, Jenny, subsequently filed for divorce. The divorce was granted and finalized in 2010.

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courthouse.jpgIn California, divorce actions can either be resolved through judgment and settlement reached after court proceedings, or through a mutual agreement established in mediation. In some cases the latter method of mediation is the most efficient in terms of cost and time. As our experienced Santa Rosa divorce attorneys know, resolving a divorce proceeding through mediation can be less stressful on all parties involved, including the children. However, mediation may not be for everyone. As with all family law matters, it is crucial to get advice from a family law professional to learn what options are best in your specific situation.


Mediation usually involves a few sessions where the spouses meet with a mediator. The sessions are held within a set period of time, often a month. During these sessions, the mediator attempts to help the spouses resolve any issues that either party may have regarding their separation. Essentially, the mediator’s objective is to uncover any underlying interests and/or concerns that each spouse may have but are not able to resolve on their own.

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In 2011 there were more than 450,000 total California family law court filings. These situations included divorce, child custody, spousal support, child support, and similar issues. These cases involve the familiar process that most envision in legal disputes: standing in a courtroom, attorneys making arguments, and an ultimate decision handed down by a judge. As Santa Rosa family law attorneys working on high-conflict matters, we help those in our area with contentious issues settle in the courtroom in just this way.

However, we are also aware that some community members may be interested in ways that disputes are being settled which do not follow the traditional courtroom model. Most of these different options are categorized under the term: alternative dispute resolution (ADR). Our California family law attorneys understand that on occasion there may be strategic reasons to explore options outside the traditional court system. However, one should only pursue them after being made fully aware of the implications by a legal professional. meeting.jpg

In the family law context, the three most common forms of alternative dispute resolution are mediation, arbitration, and collaborative family law. Mediation is likely the most well-known form of ADR. It involves a third-party who helps clients reach a settlement voluntarily. This process can be stopped at any time by the parties and, even if an agreement is reached, it is only binding when the parties have officially concluded a settlement agreement. At times mediation is used to start the process to determine if a voluntary settlement can be reached. If not, then the traditional litigation approach is pursued.

Similar to mediation, arbitration is led by a neutral third-party. However, unlike mediation, arbitration is generally designed to be binding. In that way it is similar to the process conducted in the regulation litigation system, because parties are forced to abide by the decision handed down by the arbiter. For this reason, some refer to arbitration as a “private court.”

Collaborative Family Law is a somewhat new area of ADR. It is an attempt at a less adversarial process where the parties, their attorneys, and others (therapists, child psychologists) agree to resolve the issues while staying out of the courtroom. This is still a somewhat novel approach to resolving these situations, and there are different agreements that are made regarding what happens if no agreement can be reached.

In many cases, one former partner in a relationship will suggest that their divorce, support, or custody dispute be settled out of court using one of these ADR methods while the other party remains unsure if the alternative is appropriate. It is important not to begin an ADR process without being fully aware of the ramifications. That is why it is vital that you never try to go it alone. Be sure to contact an experienced family law attorney to learn whether any of these options would be appropriate in your situation.

Our attorneys realize that the stress of the legal process makes it tempting to jump into these alternatives to settle family law affairs. While ADR may be worthwhile in some situations, it can also lead to one-sided results when entered into lightly. Depending on the specific situation, it may be clear from the outset that you have less to gain by using ADR. For example, an attorney may be able to explain how you are more likely to reach an agreement in your favor by being heard by a regular judge instead of a particular arbiter. In any event, mediation, arbitration, and collaborative family law still require that you have a strong advocate on your side ensuring that your interests and wishes are respected every step of the way.

See Our Related Blog Posts:

Where do I File for a Divorce in California?

What Does Joint Custody of Your Child Involve?

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