Non-Litigation Dispute Resolution Options For Parents
By Mara Berke | Los Angeles Daily Journal | January 2011
Why delay resolution and enter into the frustration and expense of litigation in the ever-changing family law court? Why subject yourself and your children (at a certain age) from offering live testimony? Why not take some modicum of control over your family matter and put it in your own hands of that of a trained professional? Why roll the dice? In hindsight, family law litigants may likely look back on their years of litigation and wonder why they did not just agree to something, instead of enduring several years of turmoil and spending money that could have been saved for college tuition or retirement. Reducing conflict, and moving on with life as a reorganized family, has substantial emotional and financial value.
Divorcing parents have alternatives to the adversarial litigation process and continuing disputes over custody of their children both during and after divorce. This is enhanced by AB939, a new law that allows oral testimony in temporary hearings, the re-invention of the role of minor’s counsel, and the allowance of children’s testimony at age 14, effective in 2012. Given the courts’ funding problems and the slow process of resolution in this forum, families would best be served by seeking alternatives.
The start of a divorce case and how parents approach it has a great impact on the proceedings and their parenting relationship. Once a case starts off on the litigation path, it can be very difficult to move parents from their positions as they tend to become more entrenched, rather than cooperative. On the other hand, once parents experience the expense and frustration of a hearing, continuances and not having all issues resolved by the court given the state of the court system, they may shift. It is extremely important at the beginning of the dissolution process to provide parents support and educational information to help them focus on their children, rather than their anger at the other parent and past wrongs. This way, parents can make more educated choices including avoidance of litigation. Attorneys should help steer parents to attend divorce support groups, seek family or individual therapy and co-parent counseling and education. If these steps are taken at the beginning of the process, it may enable parents to work together more cooperatively and choose alternative dispute mechanisms.
