Frequently Asked Questions
Here are a few of the questions people frequently have about the legal aspects of a dissolution. Click on one of the questions below for more information.
- What is Mediation?
- What is Collaborative Law?
- What is Collaborative Mediation?
- What is Collaborative Negotiation?
- What happens if we go to court (Litigation)?
- What about Arbitration of the dispute?
- Can you explain about "Discovery"?
- What can I expect in a Custody dispute?
- How are Support payments determined?
- What are the rules regarding Community Property?
Mediation
Mediation is designed to have the parties work with a neutral mediator or team of mediators. Sometimes one or both of them will have an attorney (reviewing or consulting) working with them as well.
Litigation is generally prohibited during this process. This process relies on the parties to be the principal negotiators, with the mediator helping to keep the process structured and focused on interests and solutions that work for both parties. The ultimate resolution may look like the probable outcome in law, but the process offers the parties the most freedom to find a solution that may work better for them than those offered by the law. Although this process will generally require three attorneys, (the mediator and two reviewing attorneys) it is still probably by far the least expensive and most rewarding for the parties.
Bear in mind, as with the expression "it takes two hands to clap," both parties must be committed to resolving differences within the framework of mediation for mediation to be an effective means of dispute resolution.