Dispute Resolution Options
Severe cutbacks in family law courtrooms, judges, staff and custody mediators continue to increase in
California. These cutbacks are wreaking havoc on the public’s ability to gain access to vital services.
Perkovich Law Offices offers some excellent alternatives to the public court system and traditional
divorce litigation. These alternative dispute resolution services provide fair and fast resolutions.
Perkovich Law Offices offers different options on how to proceed through the divorce process
and other family law related disputes. By providing a range of dispute resolution options,
people can choose the approach that best fits their needs, dispute, interests, and the dynamics of the
individuals involved. Perkovich Law Offices can assist you in a divorce or other family law related dispute
in any of the following manners:
Litigation
Collaborative Divorce
Mediation
Structured Settlements
Private Judging
Litigation
Litigation is the traditional manner to handle disputes. Each person retains an attorney who
assists him or her in obtaining a legal judgment. Litigation utilizes the court system, whereby a case
is taken to trial if a settlement is not reached through negotiations. In litigation, the attorney’s role
is to advocate for his or her client. The attorney communicates directly with opposing counsel on the case,
gathers information, conducts discovery, takes and defends depositions, represents the client to the court
both in written pleadings and during court appearance, works toward settlement through negotiations, and,
if needed, presents the case at trial to the court.
Litigation is necessary in cases where one person is unwilling to share information or actively hides information,
or when one person is unable to express his or her interests, or when settlement is not possible.
Collaborative Process
The Collaborative Process is a way to resolve disputes between people in a confidential and respectful manner.
In Collaborative Practice, the goal is to reach a mutually acceptable settlement. The Collaborative Process
can best be described as a method of practicing law in which the lawyers for both spouses agree to assist the
clients in resolving conflicts by employing cooperative techniques rather than adversarial strategies and
litigation. All of the people involved commit themselves to achieving a negotiated outcome. It is agreed that no
litigation will be commenced during the negotiations. Each party is represented by his or her own attorney,
trained in the Collaborative Process, and the parties may retain other Collaborative Professionals as needed,
such as accountants, financial planners, child specialists, and therapists, who agree to work in good faith to
gather and share all information needed to reach an agreement. The parties and their Collaborative Attorneys
agree that they will not go to court to ask a judge to resolve their dispute for them during the Collaborative
Process. If one or both of the parties decides to go to court, the Collaborative Professionals withdraw. Litigation
attorneys and forensic experts are then retained to take the dispute to court.
For more information please click the links to the following websites: Divorce Options or Collaborative Practice
Mediation
Mediation is a private and confidential process. In mediation the mediator acts as an impartial neutral facilitator to help people reach a resolution that is acceptable to
all. The mediator does not represent either person, but rather the mediator's role is to help the participants communicate,
determine what is most important to them in an agreement, and to assist them in gathering the relevant information.
Mediation provides a structure, timetable and dynamic that ordinary negotiations often lack.
The mediator facilitates communication and helps to guide the participants to an agreement. The mediator then
memorializes the agreement in writing. The mediator also assists the participants in completing and filing the
necessary forms required by the court.
In mediation, attorneys may still be used by the participants in a variety of manners. The participants may
consult with their own respective attorneys on the side for advice or to review the agreement, or attorneys can be
present at the mediation sessions. Having attorneys present during the mediation session is effective for participants
who need guidance, have trouble expressing their needs, or are at an impasse in litigation and are trying mediation
before going to court.
Structured Settlements
A structured settlement process is one that focuses on complex disputes and offers a basis for a practical and sensible
approach to gathering the information and the expert opinions needed to evaluate a case. The settlement evaluator acts
as a neutral person to obtain and organize all the information needed by both sides related to their assets, debts, income,
valuation, tracing and other issues. The settlement evaluator will have neutral qualified experts where additional
expertise is needed, such as to value a business, professional practice, real property, or other complex assets. The
early independent analysis of the case will allow parties to gain information on the merits of their case. Various
solutions for resolution of the case will be presented and discussed. The parties may participate individually or with
counsel.
Private Judging
The parties retain an experienced private attorney who has met the requirements necessary to qualify and to be approved as a Superior Court Judge.
The private judge replaces the sitting Superior Court Judge to decide some or all of the
issues in the case. The parties and attorneys determine the level of formality for the rules and procedure. The hearing or trial
is typically held in the confidential office of the private judge, thus providing the parties with a private and confidential
setting instead of the public courtroom. The advantages to a private judge include: choosing dates and times that fits your calendar
and work load, avoiding the sometimes lengthy delays caused by the courts’ impacted calendar, and choosing a judge who is
knowledgeable in family law, business, tax, or other issues of importance in your case.
Litigation
Collaborative Divorce
Mediation
Structured Settlements
Private Judging
Litigation
Litigation is the traditional manner to handle disputes. Each person retains an attorney who
assists him or her in obtaining a legal judgment. Litigation utilizes the court system, whereby a case
is taken to trial if a settlement is not reached through negotiations. In litigation, the attorney’s role
is to advocate for his or her client. The attorney communicates directly with opposing counsel on the case,
gathers information, conducts discovery, takes and defends depositions, represents the client to the court
both in written pleadings and during court appearance, works toward settlement through negotiations, and,
if needed, presents the case at trial to the court.
Litigation is necessary in cases where one person is unwilling to share information or actively hides information,
or when one person is unable to express his or her interests, or when settlement is not possible.
Collaborative Process
The Collaborative Process is a way to resolve disputes between people in a confidential and respectful manner.
In Collaborative Practice, the goal is to reach a mutually acceptable settlement. The Collaborative Process
can best be described as a method of practicing law in which the lawyers for both spouses agree to assist the
clients in resolving conflicts by employing cooperative techniques rather than adversarial strategies and
litigation. All of the people involved commit themselves to achieving a negotiated outcome. It is agreed that no
litigation will be commenced during the negotiations. Each party is represented by his or her own attorney,
trained in the Collaborative Process, and the parties may retain other Collaborative Professionals as needed,
such as accountants, financial planners, child specialists, and therapists, who agree to work in good faith to
gather and share all information needed to reach an agreement. The parties and their Collaborative Attorneys
agree that they will not go to court to ask a judge to resolve their dispute for them during the Collaborative
Process. If one or both of the parties decides to go to court, the Collaborative Professionals withdraw. Litigation
attorneys and forensic experts are then retained to take the dispute to court.
For more information please click the links to the following websites: Divorce Options or Collaborative Practice
Mediation
Mediation is a private and confidential process. In mediation the mediator acts as an impartial neutral facilitator to help people reach a resolution that is acceptable to
all. The mediator does not represent either person, but rather the mediator's role is to help the participants communicate,
determine what is most important to them in an agreement, and to assist them in gathering the relevant information.
Mediation provides a structure, timetable and dynamic that ordinary negotiations often lack.
The mediator facilitates communication and helps to guide the participants to an agreement. The mediator then
memorializes the agreement in writing. The mediator also assists the participants in completing and filing the
necessary forms required by the court.
In mediation, attorneys may still be used by the participants in a variety of manners. The participants may
consult with their own respective attorneys on the side for advice or to review the agreement, or attorneys can be
present at the mediation sessions. Having attorneys present during the mediation session is effective for participants
who need guidance, have trouble expressing their needs, or are at an impasse in litigation and are trying mediation
before going to court.
Structured Settlements
A structured settlement process is one that focuses on complex disputes and offers a basis for a practical and sensible
approach to gathering the information and the expert opinions needed to evaluate a case. The settlement evaluator acts
as a neutral person to obtain and organize all the information needed by both sides related to their assets, debts, income,
valuation, tracing and other issues. The settlement evaluator will have neutral qualified experts where additional
expertise is needed, such as to value a business, professional practice, real property, or other complex assets. The
early independent analysis of the case will allow parties to gain information on the merits of their case. Various
solutions for resolution of the case will be presented and discussed. The parties may participate individually or with
counsel.
Private Judging
The parties retain an experienced private attorney who has met the requirements necessary to qualify and to be approved as a Superior Court Judge.
The private judge replaces the sitting Superior Court Judge to decide some or all of the
issues in the case. The parties and attorneys determine the level of formality for the rules and procedure. The hearing or trial
is typically held in the confidential office of the private judge, thus providing the parties with a private and confidential
setting instead of the public courtroom. The advantages to a private judge include: choosing dates and times that fits your calendar
and work load, avoiding the sometimes lengthy delays caused by the courts’ impacted calendar, and choosing a judge who is
knowledgeable in family law, business, tax, or other issues of importance in your case.