Litigation

Litigation refers to the process by which a matter is brought into a formal court setting where the outcome is often determined by a judicial officer, such as a judge or commissioner, after reviewing legal briefs and pleadings and after hearing oral argument at a court proceeding. In the traditional litigation model, each party is represented by an attorney and most issues are brought before the court through motions and court trials. Even in litigation, the parties strive to resolve issues in settlement both outside of court and within the court system.


Mediation

Mediation is a process wherein the parties elect to meet with a mutually selected impartial and neutral professional who can assist them in negotiating a resolution. Mediation leaves the decision-making power to the parties, rather than to attorneys, experts and judges. The mediator does not decide any of the issues for the parties or determine what terms are “just.” The mediator’s role is to educate the parties regarding the law, so that the parties understand their options, and assist the parties in arriving at a solution that reasonably meets the party’s respective goals and needs regardless of what the law may provide or how a judge may rule.


Collaborative Law

Collaborative Law, also referred to as Collaborative Practice, is a process for divorcing couples and for couples ending non-marital relationships and domestic partnerships, who work with trained professionals as a team to resolve disputes respectfully and fairly without resorting to court intervention.


The term Collaborative Law or Collaborative Practice encompasses all of the models that have been developed since attorney Stu Webb first created the Collaborative Law model in the 1980’s. The basic collaborative model involves two collaboratively trained attorneys. However, many parties and professionals have found that including other collaboratively trained professionals in the team, such as a child specialist, a financial specialist and/or mental health coach is the most effective model for resolving disputes.

Collaborative Law is distinguished from traditional litigation by these essential core elements which are set forth in the contractual agreement that the parties and collaborative professionals enter into at the outset of the case:
  • To negotiate a mutually agreeable settlement without using the court to decide any issue

  • To engage in open communication and information sharing with full disclosure

  • to search for and create shared solutions that take into account the important goals and priorities of both parties

  • for all professionals involved in the case to withdraw if either party leaves the collaborative process and proceeds to go to court
Thus, a hallmark of the Collaborative Practice process is that agreement is reached through discussion, negotiation and compromise without the financial and emotional cost, aggravation and uncertainty of adversarial litigation at court.
For more information, consult any of the following websites:
Collaborative Law Association of Contra Costa
International Academy of Collaborative Professionals

Arbitration

Arbitration refers to the process by which a matter is brought into a less formal setting than a court room, where the outcome is determined by a arbitrator chosen by the parties, often a retired judge or other expert, after reviewing legal briefs and pleadings and after hearing oral argument. In the traditional arbitration model, each party is represented by an attorney and most issues are brought before the arbitrator through arbitration hearings. Even in arbitration, the parties strive to resolve issues in settlement both outside of court and within the court system.