ALTERNATIVE METHODS OF RESOLVING DISPUTES IN FAMILY LAW CASES
The business of the Ventura County Superior Court, like all court systems, is “dispute resolution”, which includes those disputes which arise in actions for Dissolution of Marriage, to Establish a Parental Relationship, for Civil Domestic Violence Restraining Orders, and other Family Law cases. These disputes may center upon the custody and visitation of children; the division, ownership, and use of personal or real property; and financial support.
As you begin the process of dealing with these kinds of matters in a formal lawsuit, you should be aware that the court system is a very complex process which is founded on the “adversarial” nature of litigation. While this process works well for many kinds of disputes, it may not always be the best or easiest or most comfortable way to resolve a very personal dispute which involves you, your children, your property, and your finances.
Over the past decade, a number of effective, alternative methods of resolving disputes in Family Law matters have arisen and, undoubtedly, other methods will emerge in the future. While it would be improper to recommend a specific group or individual, the Court and the Bar Association support the establishment of these new approaches and sincerely endorse the following alternatives to traditional litigation. Therefore, we invite you to consider the following as potential methods of resolving your dispute in a way which may make you more comfortable with the process and, therefore, more satisfied with the outcome.
* In the COLLABORATIVE FAMILY LAW process, experienced family lawyers, specially trained in negotiations and conflict resolution, represent each party, but only for purpose of helping them to settle the case. You, the other party, and your lawyers agree in writing not to go to court for a trial or hearing. As such, the collaborative lawyers’ only goal is to help you and the other party settle your case in a way that is mutually satisfactory to both sides.
* The FAMILY LAW FACILITATOR of the Ventura County Superior Court is a “self help center” which provides litigants with information, forms, and instructions on how to complete their case without going to court. Workshops are available for help in preparing or responding to the Dissolution or Legal Separation action or an Order to Show Cause and for completing the Final Judgment. The hours of the center and the schedule for the classes are available at the Clerk’s Office or on the Court’s website.
* Many attorneys offer “LIMITED SCOPE” or “UNBUNDLED” SERVICES to parties who can do some of the work on their own but need an attorney for a limited purpose, such as writing up an agreement or appearing in court, if necessary. You and the attorney will sign a paper stating exactly what the attorney will do for you. The attorney will only do the agreed upon work and you will only be billed for those services. When the task is over, you will sign another paper releasing the attorney from the case.
* Together, the parties agree to use a NEUTRAL ARBITRATOR, who is selected and empowered by the parties to decide the dispute at arranged times and places in a private setting which is not open to the public and which may be far less formal than a public courtroom.
* Disputes can be resolved by PRIVATE MEDIATION outside of court. Mediation is non-adversarial. You and the other party will work together with an attorney, counselor, or other specially trained mediator to develop a written agreement resolving all aspects of the case. Professional counselors in the mental health field can also provide Mediation or special expertise for child custody and visitation issues or to address the parenting problems of and parenting solutions for separated and separating families.
More information about these and other alternatives is available in the following locations [omitted].
Ventura County Superior Ct Ventura County Bar Association
There is no doubt that thousands of families given this array of alternatives to litigation can learn to resolve their disputes in a manner that reduces anger, stress, uncertainties and expenses, and that allows each member of the family to heal and adjust more successfully, and to avoid disputes in the future. Bar associations, legislatures and judicial systems must cooperate to make this array of services and options available in communities across the nation.