Family Courts’ Severe Backlog and the Presiding Judge’s Recommendation to Use the Collaborative Process

For those of you who have appeared in court recently, you may have experienced numerous delays from the courts. Previously, hearing dates were obtained approximately 4 weeks from the day the request was filed at the courthouse. Now it may take 2 months to obtain a hearing on a child support, custody, visitation or other request. When you finally appear at your court hearing, there are many reasons why your judge may postpone your hearing, such as one party has not completed their documents, or an attorney for the child may be appointed. When a hearing date is continued, it may take anywhere from 2 to 6 months to obtain the continuance date. This can happen many times just to obtain one court ruling.

After months or years of hearing dates for the court to make temporary orders pending trial, eventually the court will schedule a trial date. When a party finally requests a trial date, it will likely take 3 to 12 months (or more) to obtain the first date of the trial, followed by more trial dates spread out over several months. It is not uncommon for a family law case to take between 2 and 5 years in the court system.

Unfortunately, the court process takes longer than ever with the recent budget cuts. As a result of the severe backlog, Los Angeles Superior Court family law’s Presiding Judge Marjorie Steinberg sends out a letter with every petition filed. In her letter, Judge Steinberg informs the parties of the limited court resources and recommends that parties resolve their cases by using the collaborative process. Using the collaborative process keeps parties and their attorneys out of the courtroom which enables their case to be resolved relatively quickly and in a far less costly manner.

Luckily, if you have commenced your case in court, that does not preclude you from later choosing the collaborative process. It’s not too late to contact a collaborative professional and schedule a consultation to see if collaborative law is right for your case.

By Leslie K. Howell, Esq.
Law Offices of Howell & Howell, APC
http://www.howellfamilylaw.com

Choosing a Lawyer and a Process for your Divorce

The stress of a divorce comes second only to the death of a spouse. Moreover, when it comes to divorce, certain aspects of loss become slightly magnified because a person is able to act out against the other person who was involved in that relationship. The emotional state caused by the divorce process often causes people to experience impaired judgment, which makes it difficult or impossible for them to make rational decisions. They tend to forget that a family typically consists of two parents and their children and that the familial relationship does not end along with the marriage. Furthermore, people tend to deal with things, including divorce, in a manner which is familiar to them. In the case of a divorce, the familiar is going to war with each other in the courtroom (the family law court).

Often times, friends and family members are more than happy to refer the attorney that “successfully” represented them in a divorce case. Before blindly accepting such advice, it might be wise to ask the following questions: What have the familial relations been since the conclusion of that divorce? Have the parents had ongoing problems with each other with regard to the parenting and/or support of their children? When the child graduates from high school or graduate school, will the parents be able to attend the graduation party together for the sake of their child? When the child has a family of their own and wants to have a holiday event at their home, will both parents be able to attend that event? After learning the answers to these questions, you might decide that the divorce was not so “successful” after all.

Albert Einstein once described insanity as “doing the same thing over and over again and expecting different results.” Family law as currently practiced is toxic because, among other things, it destroys families. If the manner in which a person opts to divorce tends to be destructive of familial relations and the person expects a different result, is that a sane decision, or is that proof of the fact that the person is incapable of making rational decisions because of his/her emotional state?

Justice Sandra Day O’Connor has recently said, “I have been a strong advocate for alternative dispute resolution ever since I was a state court judge.” In 1984, Warren Berger, then Chief Justice of the United States Supreme Court, while speaking about the American legal system to members of the American Bar Association, said “Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people. To rely on the adversary process as the principal means of resolving claims is a mistake that must be corrected.” Chief Justice Berger also stated that “The obligation of our profession is, or has long been thought to be, to serve as healers of human conflicts.”

A collaborative divorce is much like a mediation wherein the spouses each have separate legal representatives, but without the mediator. The reason that the parties do not require a mediator is that the attorneys involved have been trained in the collaborative process. It would therefore be unlikely that any of the attorneys involved would be of the “pit bull” variety. In collaborative divorce, a team is assembled of specially trained attorneys, mental health professionals, and a neutral financial specialist to assist spouses when working out sensitive custody and financial issues. A collaborative divorce may be the perfect solution for a couple whose marriage is ending and who truly value family. Most of us say that we believe in family values, but do we really mean what we say? After all, “actions speak louder than words.”

Mark B. Baer, Esq.

MARK B. BAER, INC., a Professional Law Corporation, Pasadena, CA

Set Up Your Collaborative Case For Success!

Will the collaborative process work for you? It would be disappointing and expensive to end the collaborative process because you and your partner were unable to reach an agreement...

Understanding your point of view and your partner's point of view toward decision making can help your coach and attorney assess the likelihood of success. It will also help them prepare for difficulties in the process, so the team is aware of dynamics that can otherwise impede the process.

Following are some questions to ask yourself that will clarify your positions and interests, providing you with a greater likelihood that the process will work as it is designed to:

• Are you able to look at a problem from your partner's point of view?
• Are you intimidated by your partner?
• Are you willing to let go of short-term or inconsequential goals in order to reach your primary goal?
  
• Are you willing to trust your partner if information is verified?
• Is it important to you to maintain a respectful relationship with your partner after the divorce?
• If you have children, is it important to you that the children maintain a strong and healthy relationship with both parents?
• Have you accepted the fact that the divorce will happen?

Understanding commitments around these issues will help the team work toward a positive result for you.

Kathleen O'Connor, Esq.

Alec Baldwin's Book, "A Promise to Ourselves"

I was given the book "A Promise to Ourselves" by actor Alec Baldwin to read. My friend said it was about his divorce, which took place in a circus-like atmosphere.

I read my copy of the book in an afternoon. I am not here to promote the book, nor do I agree with his perception of my co-professionals. However, I found that I do agree with his idea of how spouses should handle their own divorce -- that is, to think about using collaborative family law and/or mediation first, and pick the litigation arena as a last resort.

Litigation has its place, and might be the right choice to make in some circumstances. That said, there is wisdom in thinking that the parties themselves are better fit to share in decision-making about their own future and that of their children, rather than having a stranger in a black robe do it. I am challenged to understand how such smart, rational-thinking adults, who have loved each other for years, cannot remain unified and focused for awhile longer to decide what is best and right for themselves and their families.

Consensual Dispute Resolution (formerly known as "Alternate Dispute Resolution") allows ways for people to continue to contribute and co-participate in the restructuring of their families. Although the family is changing its formulation, it continues to have intimate connections. Family life cycle events will continue past the divorce. Participating in consensual dispute resolution helps parties move away from this difficult episode in their lives to a future of greater hope and better expectations --for themselves and for their families.

Respectfully submitted,
Steven B. Garelick (CPA, ABV, CVA, CFS, Mediator)
Partner, Senior Litigation Case Manager
email: sgarelic@miod-cpa.com