Like many family law issues, divorce isn’t really a “one-size-fits-all” kind of situation. That’s why flexible divorce remedies like mediation and arbitration are becoming increasingly popular these days, as more and more couples realize that the traditional litigation process may not be the best option for them. One of the reasons why the divorce mediation success rate is so high is how customizable the proceedings are, allowing each divorcing couple to find a method of dispute resolution that works for them.
Comprehensive divorce services take that concept a step further by allowing you to blend different methods together. The truth is that there’s no reason why you have to stick with a single process for the entirety of your divorce. These cases can be highly complex and it’s easy to end up entrenched in a specific conflict. If you find yourself getting stuck, a shift in your approach might be exactly what you need to keep things moving smoothly.
The Divorce Services Spectrum
In California, family law cases can be handled in several different ways. Divorce resolution methods can be placed generally on a spectrum, running from strict and formal to personalized and informal.
On one end of the spectrum is traditional divorce litigation. With this method, you’re letting the courts handle your divorce case. Just like any other trial, divorce litigation is an adversarial process, so you and your spouse both make arguments before a judge, who makes rulings based on the evidence presented by your attorneys. The litigation process is very strict and is bound by the codes and laws of the court system.
Private judication is very similar to litigation but involves hiring a private judge instead of using the public court system. Like litigation, private judge divorces in California follow the basic procedures and codes of the courts so the process is fairly structured. However, private judges can give your case a personal touch that public judges can’t. You can also pick and choose the best judge for you, giving you a certain amount of control over the proceedings.
Divorce arbitration is another popular choice in California. When you hire an arbitrator, you give them the authority to make rulings on your case, just like a judge. However, unlike a private judge, arbitrators aren’t bound by the rules of the courtroom, giving them a lot of flexibility. The arbitration process is fairly customizable and you have plenty of control over how it plays out, although the final rulings are still out of your hands.
On the far end of the spectrum is divorce mediation. The most significant difference between mediation and arbitration is that a mediator can’t make unilateral rulings. Instead, a mediator’s job is to facilitate communication and allow both parties to agree themselves. The process is extremely flexible and can be tailored to each unique case. Unlike the other methods, which result in binding judgments, the marital settlement agreement reached at the end of mediation doesn’t necessarily have to be legally binding – although we do recommend choosing a binding resolution in many cases.
A smooth and successful divorce can involve any or all of these methods. Ultimately, it’s up to you and your spouse to figure out which services are most appropriate for your situation.
How Comprehensive Services Work
Sometimes a successful resolution requires a few different services. Many divorce cases actually start out with litigation before turning to other methods to resolve particularly thorny issues. Sometimes a judge will even order a divorcing couple to go through arbitration or mediation before returning to court to finalize the case. Here’s an example from our own practice of how comprehensive services can push through a difficult conflict:
This particular case involved a custody battle that had become pretty hotly contested – this isn’t uncommon in custody cases, since it’s hard not to feel emotional when it comes to children. Both parties had dug their heels in and the judge had ordered some mediation sessions to take care of a few specific aspects of the case. These sessions were successful, but the divorcing couple still wasn’t making much progress in court.
Neither party was particularly interested in more mediation, so they decided to turn to private judging to help resolve their entrenched conflicts. We helped them find the right judge and, lo and behold, suddenly they were able to make some progress. The process continued this way for some time, with the private judge guiding the couple through the big picture of the case while more and more of the specific issues were handled during mediation sessions. Eventually, the case was fully resolved in mediation.
The biggest takeaway from this particular case study is how a little flexibility can ease conflicts and open up a path to resolution. By involving mediation and private judging in the process, the divorcing couple was able to break the stalemate and start working through their issues, eventually finding an agreement. Had they stayed in the courtroom and tried to finish battling it out, their case could have dragged on for months or even years, resulting in a grueling process that would have likely left nobody satisfied.
Handling Complex Issues with Comprehensive Services
So what do you do if your divorce involves complicated financial or custody issues? To an extent, you can make the process easier by selecting the right judge, arbitrator, or mediator. Divorce mediation services are generally staffed and run by former lawyers who have experience in all kinds of cases, so picking one with an appropriate background is a huge help. Does your case include complex asset management you can’t just plug into the Propertizer? Find a mediator who has handled plenty of financial cases. Need a knowledgeable hand to parcel out your extensive shared properties? Work with an arbitrator who has a background in real estate. Most mediators, arbitrators, and private judges spent years in court before transitioning to alternative methods, so there’s plenty of experience to go around.
That said, a lawyer-turned-mediator is still a legal professional with mainly legal experience. They’re not a therapist, or a child psychologist, or a forensic accountant. That’s why, for particularly tricky cases, you might want to bring in an outside expert as well. This is a common practice for complicated divorce cases and any mediator worth their salt is going to have a broad network of professionals in their Rolodex (or contact list, if you’re too young to know what a Rolodex was).
The first step to comprehensive divorce services is finding the right provider for you, and we at Forester Family Law think we can fit the bill. Formed during the COVID-19 pandemic by Sacramento family law attorney Neil Forester, FFL is a primarily virtual firm that blends creative ADR methods with discrete advisory counseling to help clients resolve a divorce, parenting dispute, or other family law conflict – outside the courtroom confines. Neil, a self-described “recovering litigator,” spent 18 years working in family law in Sacramento before discovering a passion for working outside the courtroom, and he brings the full weight of that experience to every case. If you’re interested in scheduling a consultation with Neil, you can contact us through our website here or give us a call at (916) 234-6060.