OC Dispute Resolution Services, LLC

Focusing on Divorce & Business Mediation

We are committed to providing mediation and dispute resolution services designed to accomplish one thing - - RESOLUTION!  Our mediator's are experienced, tenacious, compassionate and skilled at resolving cases just like yours.  Whether it takes two hours or sixteen hours, we are there for you.

Contact us to see how we can help you settle your dispute!

OCDR Divorce Mediator to Speak at 27th Annual Child Abuse Prevention and Treatment Conference

Divorce Mediator Eileen M. Solis will be speaking  at 27th Annual Pathways to Prevention Conference on March 25th from 7:30 am - 4:15 pm.  Ms. Solis has been actively involved in child abuse issues in Orange County for over a decade.  

The Raise Foundation is pleased to present its 27th Annual Child Abuse Prevention and Treatment Conference. With over 30,000 reported cases of child abuse and neglect in Orange County last year, The Raise Foundation offers this conference to inspire and equip professionals in fields related to the wellness of children. The ultimate goal is to better strengthen families, prevent child abuse, and develop innovative strategies to improve outcomes for at-risk children and their families. The conference includes a highly respected keynote speaker, breakout sessions, closing panel of experts, and exhibitors. CEUs will be offered to LCSWs and MFTs; CMEs will be offered to medical professionals; and POST credits are pending for law enforcement.

Divorce Mediator Eileen M. Solis Receives Strauss Certification

Orange County Divorce Mediator, Eileen M. Solis has obtained additional training and certification in Mediation by the Strauss Institute of Dispute Resolution, part of Pepperdine University.  Strauss is world renowned and universally known as one of the top Mediation institutes in the world.  Congratulations Eileen!

Eileen continues her mediation practice in Orange County and handles divorce and family law mediations exclusively.  Call today to set up your Mediation with Eileen.

Mediators Certified by Strauss Institute at Pepperdine

Our divorce Mediator, Michele M. Charbonneau, has obtained additional training and certification in Mediation by the Strauss Institute of Dispute Resolution, part of Pepperdine University.  Strauss is world renowned and universally known as one of the top Mediation institutes in the world.  Congratulations Michele!

Michele continues her mediation practice in Orange County and handles divorce and family law mediations exclusively.  Call today to set up your Mediation with Michele.

What are each partner’s duties to each other and the partnership?

Partners owe certain duties to each other and the partnership.  These duties are known as fiduciary duties.  The Corporations Code outlines the fiduciary duties each partner owes to the partnership, as well as the other partners.  Breach of a fiduciary duty generally entitles the non-breaching partner(s) to a remedy.  Fiduciary duties cannot be waived by agreement.  California law recognizes four (4) fiduciary duties: duty of care; duty of loyalty; duty of obedience; and, duty of good faith and fair dealing.


Pursuant to the duty of care, a partner must refrain from grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of the law.

A partner’s duty of loyalty includes all of the following: (1) to account to the partnership and hold as trustee for it any property, profit, or benefit derived from the partnership business; (2) to refrain from dealing with the partnership as or on behalf of a party having an adverse interest to that of the partnership; and, (3) to refrain from competing with the partnership in the conduct of the partnership business.

A partner’s duty of obedience to the partnership and other partners ensures that the partner will act in a manner consistent with the partnership’s business purpose and mission.  The partners have a duty to guide and oversee the functions of the business, so that it operates in accordance with its purpose and mission.

A partner shall also discharge the duties of the partnership and the other partners under the Corporations Code and/or the Partnership Agreement and exercise any rights consistently with the obligation of good faith and fair dealing.  A partner must not take any unfair advantage of the partnership or other partners and must not enjoy any greater rights.  A partner must not obtain a secret profit or any undue benefit at the partnership’s expense.

Why is the Date of Separation Important in a Divorce Dase in California?

Why is the date of separation important?

The date of separation is important in a divorce, because the court generally measures the Parties’ assets and debts from the date of the marriage to the date of separation.  Sometimes the date of separation has little effect on the division of property, but other times, it plays a big role.

Typically, the date of separation becomes an issue when one spouse acquires wealth or debt around the alleged date of separation.  Like business partners, spouses share the community debts and assets.  Therefore, if during the marriage one spouse makes a lot of money or acquires a lot of debt, the Parties will generally share in that wealth or debt.  The importance of the date of separation is best illustrated by example.

Let’s take a twist on a well-known California divorce case.  You and your spouse have been arguing a lot and divorce is looming.  There’s been talk of separation, but you’re still carrying on the marriage as usual and living comfortably in the marital home.  At some point, your spouse decides to call it quits and moves out of the marital home with no intent of resuming the marriage.  The date that this occurs is most likely your date of separation.

Your spouse claims that the date of separation is January 5th.  You claim that the date of separation is January 9th.  Now why does this matter?  It’s only a four (4) day difference after all.  It matters because on January 7th your spouse purchased a winning California lottery ticket.  Therefore, if the date of separation was January 5th (before the lottery ticket was purchased), the community assets were worth $100,000.  But, if the date of separation was January 9th (after the lottery ticket was purchased), the community assets were worth $100,000,000.

Absent a prenuptial agreement, lottery winnings during marriage are usually considered community property.  Thus, if you had not separated by January 7th, when the ticket was purchased, you would likely be entitled to half the lottery winnings.  However, if you and your spouse had separated by January 7th, then it is unlikely you would receive any of the winnings.

On the other hand, if your spouse took out a $1,000,000 loan on January 7th, you would most likely be arguing that the date of separation was January 5th, instead of January 9th.  In this instance, the date of separation would be important for determining whether you are required to share in the $1,000,000 debt.

Determining the precise date of separation can be important to your case.

What is Fraud, Concealment and Misrepresentation in California?

Fraud comes up in both criminal and civil cases.  In criminal cases, the District Attorney’s office will prosecute the defendant, and he or she may be subject to fines and/or imprisonment.  In civil cases, the plaintiff (or the person on whom the fraud was committed) will pursue the action.  If the plaintiff wins, the defendant may have to pay him or her money as damages.

In California, civil fraud comes up in two (2) contexts: torts and contracts.  “Tort” is just a fancy word for a wrongful act.  However, torts do not include breaches of contract.  As a result, there are different rules for dealing with fraud in torts and contracts cases.
Many courts use the terms “fraud” and “deceit” interchangeably, so don’t be thrown off.  The idea behind both is that if a person intentionally tricks you into doing something you otherwise would not have done, he or she should be liable.

For torts, California uses the term “deceit” rather than fraud.  The California Civil Code states that deceit can mean many things, including: (1) a knowingly false suggestion; (2) an assertion with no reasonable grounds for believing it; (3) a suppression of fact, which must be disclosed; (4) a misleading fact; or (5) a promise without any intention of performing it.

For contracts, the California Civil Code identifies two (2) types of fraud: actual and constructive.
 
Actual fraud may occur through: (1) a knowingly false suggestion; (2) a positive assertion with no information to warrant it; (3) a knowing suppression of fact; (4) a promise without any intention of performing it; or (5) any other act fitted to deceive.

On the other hand, constructive fraud means: (1) any breach of duty in which one person gains an advantage over another by misleading him; or (2) any act or omission that the law specifically states is fraudulent.

We want to handle your next mediation or arbitration!