Should be great!
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!
Should be great!
Gather all the relevant evidence and organize it. Review it all carefully. Understand the other side's position and review their evidence.
Preparation is key. Having everything there to assist you can only help.
Spend some time preparing with your attorney in advance (not the morning of).
So that you can make informed decisions, you should be aware of your case strengths and weaknesses.
Think out of the box. Money isn't always the only way to resolve a matter in Mediation.
You want to remain open minded and keep the process going as long as progress is being made.
Ending a business partnership is a bit like ending a marriage. Assets have been accumulated and need to be divided. Depending upon whether one or more partners will continue in the same line of work, client relationships need to be addressed. There are also liabilities that need to be addressed. In order to properly separate, the partners need to decide if the partnership will be dissolved, continued on by one or more of the partners or sold. These issues should be explored in detail when trying to resolve the issues so that everyone is aware of the pro's and con's (i.e., liabilities) of continuing forward in the business. If the partnership is to be dissolved, there are IRS waivers that need to be obtained. It is more than just shutting the doors or handing the keys over to the new owners!
To adequately prepare for partnership mediation, everyone must be aware of all assets, liabilities, exposure, and rights of the parties. The relevant documentation should be shared in advance of the mediation, so that everyone can make informed decisions. Involve the company CPA if need be.
Partnership mediations can be quite complex, especially when there are more than 2 sides (i.e., a business with 4 partners).
What is a "No-Fault Divorce"?
California, like nearly all states, is a "no-fault divorce" state. Put simply, a no-fault divorce occurs where a spouse seeking a divorce does not have to prove any degree of wrongdoing by the other spouse when obtaining the divorce. Bad acts such as infidelity will have no bearing on the ultimate disposition of property.
The primary grounds for divorce in California is irreconcilable differences. While there are other grounds for divorce, such as fraud or incurable insanity, these are uncommon and rarely asserted.
Does spousal misconduct matter at all?
As discussed above, spousal misconduct does not factor into the divorce itself. However, varying degrees of misconduct may affect issues incident to the divorce. Such issues include spousal support, child custody and even distribution of community assets.
For example, when a court is making a custody decision, they must consider evidence of domestic violence when making an order. Domestic violence factors into a determination of spousal support as well. Family Code 4320 specifically provides for documented evidence of any history of domestic violence to be a factor used by the courts in making a spousal support order.
Also, California law holds the spousal "fiduciary duty" in high regard. Spouses have a duty of full disclosure to the other spouse of all material facts regarding community assets. Any spouse that hides or transfers assets during a divorce breaches their spousal fiduciary duty. This can result in stiff penalties, including an award of an entire piece of property.
Though fault is not a factor when seeking a divorce, spousal misconduct will often affect vital issues involved with the divorce.
When it comes to mediating a divorce, fault is not an area of focus. Rather, determining a mutually beneficial result is of paramount importance. Mediating your divorce is an effective and cost savings method of moving on with your life. It can be accomplished, in most cases, in one mediation session! Contact OC Dispute Resolution Services to schedule your mediation today!
Come join us as we cover the most effective use of ADR in business litigation.
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.
Mediators use various techniques to open, or improve, dialogue between disputants, aiming to help the parties reach an agreement. Much depends on the mediator's skill and training. As the practice gained popularity, training programs, certifications and licensing followed, producing trained, professional mediators committed to the discipline.
The benefits of mediation include: