Dispute Resolution Alternatives

Ms. Cummings provides an array of alternative legal services. For example, for those with limited resources, she can provide "Limited Scope Representation", which limits her representation to advice and preparation of documents, representation at a specific court hearing, review of documents, or any combination of these services. The Limited Scope Representation most readily allows the client to control his or her legal costs.

Clients now have choices about the legal processes they invoke to resolve their family law disputes. Traditionally, clients work their way through the judicial system to resolve these very personal issues, wherein a judge mandates decisions that vitally affect a family's life. The degree of hostility and contentiousness involved in a traditionally litigated case varies, but is usually increased even in the best of cases, simply because of the adversarial nature of the process. Therefore, Ms. Cummings urges potential clients to carefully and seriously consider whether one of the alternatives to litigation, as described below, would be viable in their particular case.

Mediation

In mediation, the parties meet with a neutral third party who is trained in the law pertaining to the relevant legal issues, with the goal of arriving at a mutually acceptable resolution. It is often cost-effective, as there is usually only one attorney-mediator involved, although the parties are urged to seek advice from independent legal counsel prior to signing a settlement agreement. They may also choose to consult with their independent counsel during the mediation process.

Ms. Cummings is a trained and experienced family law mediator, and she can provide confidential mediation services to a couple who is divorcing or separating, which includes preparation and filing of all documents necessary to obtain a Judgment of Dissolution or Judgment of Legal Separation. If mediation is desired, both parties must be present for the initial consultation.

Ms. Cummings also provides independent advice and/or representation to parties participating in mediation with another mediator. This ranges from simply meeting with a client at the end of the process in order to review the Marital Settlement Agreement, to advising the client and assisting him or her in preparing for mediation throughout the entire mediation process.

Collaborative Negotiation

Collaborative negotiation is a dispute resolution process where a team of professionals works with the parties to helm them:

  • Identify their interests and priorities
  • Gather information and make disclosures
  • Brainstorm options for resolution
  • Evaluate the consequences of the various options
  • Negotiate to resolution

If the process is terminated by either party, the professionals withdraw and do not participate in subsequent litigation.

The process is confidential, and the participating professionals cannot be subpoenaed; their work product, other than the disclosure forms and source documents, is inadmissible in subsequent litigation.

The team of professionals may include some or all of the following: attorneys for each party; divorce coaches to assist the parties in effective communication; a child specialist to help the parents understand their children's needs and interests; and a financial specialist to assist the couple with financial issues. While this can seem overwhelming, the team approach allows a couple to gain the most value for their dollar, by pulling in specialists for each particular aspect of a divorce or separation.

Collaborative negotiation is a suitable process for the following clients:

Those who share the following values:

  • Protection of the children from the conflict of divorce
  • Honoring the good parts of the relationship
  • Learning new skills needed for effective co-parenting
  • Autonomy and self-determination
  • Privacy of financial and personal information
  • Christians who desire to honor the command in 1 Corinthians 6 to avoid having a court decide lawsuits among believers

Those who face the following challenges:

  • A disparity in experience with negotiating
  • A disparity in understanding of family finances
  • Overwhelming emotions about the end of the relationship
  • A need for legal and psychological support when in the presence of the other party
  • A history of ineffective communications with the other party

Sacramento Collaborative Practice Group Documents:

Ms. Cummings would be happy to discuss with you in a scheduled consultation whether one of these alternative dispute resolution processes would be appropriate in your particular case.

© 2007 KCummings Law