1430 Alhambra Blvd., Suite 100
Sacramento, CA 95816
(916) 452-5500

Legal Options

Do I need an attorney?

Deciding whether you need representation in any particular legal matter can be difficult and highly subjective. Several factors should be considered, including the complexity of the matter, your comfort level in court, and whether the opposing party is represented. While we can not advise you as to whether you need legal representation in your matter without a careful assessment of your situation, we can provide you with general information that you may find helpful in deciding how to proceed.

Means of resolving legal disputes:

Litigation: Litigation is the most traditional form of dispute resolution and has distinct disadvantages and advantages over other forms of dispute resolution. Put simply, litigated matters are decided by a judge in a court of law. Formal discovery is used to obtain information from opposing parties and third parties. Litigation can be expensive, but it can also be very effective and efficient. Maredyth and Fischer, LLP has litigated countless matters and appeared in court at both the Superior Court level and appellate level.

Arbitration: Arbitration is typically used only in certain types of legal matters. Arbitration essentially involves retaining a neutral third party to act as judge to resolve your legal matter, without the necessity of going to court. The parties may agree that the arbitration be either binding or non-binding. These proceedings are more informal than court, and offer several advantages over litigation. Our office does not normally handle arbitration matters.

The Mediation Process

The goal of mediation is to assist the parties in resolving disputes over such matters as child custody, support, property distribution and other issues through a process of negotiated settlement.

During the first session, our office orients the parties to the mediation process, and answers any questions they may have. This is an important part of the process because committing to the mediation process, and choosing a mediator, are important decisions. We want to make sure our mediation clients are comfortable with the process, and with us as their mediator.The number of sessions needed to reach agreement depends on the complexity of the issues, and upon the parties' ability to work toward a solution.

Often, people find they need more information before an agreement can be reachedWhen this occurs, we either move on to another issue, or stop the session and schedule another appointment to allow time to gather information, and/or to speak to accountants, lawyers, or other advisor(s). Mediation works best when people are not rushed to reach an agreement, and when they have all of the information needed for an informed decision.

After agreements are reached, the mediation team prepares all of the legal paperwork. Usually no court appearances are necessary.

Initial Appointment

Both spouses attend an initial appointment for orientation (discussed above) and to discuss their general goals.

The parties review and sign a written agreement for mediation.

The mediator will assign each party certain tasks at this initial meeting, such as bringing certain documentation to the next meeting.

Subsequent Appointments

A series of subsequent appointments are then conducted. Most will consist of a conjoint sessions (both spouses and the mediator), but occasionally the mediator may request individual meetings (one spouse and the mediator).

The number of appointments will depend on the number of issues the spouses need to negotiate and the degree to which they are willing to compromise.

The frequency of appointments is scheduled according to how much time spouses need to complete "homework assignments" and/or to "think" between sessions.

Agreement

At each session the mediator makes detailed notes of agreements as they are reached.

When all issues are resolved, the mediator will draft a written settlement agreement.

The mediator will recommend that each of the spouses take the agreement to a "consulting attorney" to review and discuss before signing.

Once signed, the agreement is incorporated into a judgment prepared by the mediator, and sent to court for a Judge’sapproval, and the matter is concluded.

Collaborative Law

What is Collaborative law?

When they separate or divorce, couples must find a way to resolve their differences on all relevant issues. Collaborative practice is designed to minimize conflict while working toward that resolution. Parties to divorce (or separation), their attorneys and any other professional involved, agree in writing to solve their differences respectfully and creatively, in a way that is in the best interests of the entire family. They agree that they will not ask a Judge to make decisions for them.

Tell me more about this agreement.

At the beginning of the process husband, wife, and both attorneys sign a Participation Agreement. The agreement requires both parties to:

1. Exchange complete financial information so that each spouse can make well-informed decisions
2. Maintain absolute confidentiality during the process, so that each spouse can feel free to express his or her needs and concerns
3. Reach written agreement on all issues and concerns outside of contested court proceedings
4. Authorize the attorneys to use the written agreement to obtain a final court decree

The parties may also agree to involve other professionals to assist in the process. These professionals are also bound by the terms of the Collaborative Agreement.

Is Collaborative Law right for you?

Collaborative law empowers spouses to dissolve their marriage with dignity.

Consider Collaborative law if you and your spouse:

• Believe it is important to protect your children from the harm litigation can inflict
• Place a high value on personal responsibility in resolving conflict
• Are able to focus on a positive solution for the entire family
• Want to preserve a respectful working relationship during and after the process is over
• See the need to disclose full and accurate information about financial issues

How it works

First, both spouses meet with their respective Collaborative attorneys to discuss individual needs and concerns. Then, the couple and their attorneys meet in four-way sessions to reach a settlement without involving the court. Every issue – including property division, parenting allocation, and support – is put “on the table” in these sessions. At times other professionals including Mental Health Professionals and Financial Experts may become part of the “team” to assist couples in reaching resolutions. Divorcing parties benefit from the skills, advice, and support of attorneys and other professionals while striving to work things out in a positive, future-focused manner.

When a settlement is reached, attorneys file the appropriate paperwork required by the court.

Key advantages

• You retain control. Though you each have a lawyer, you and your spouse take responsibility for shaping the settlement as the key members of the team.
• You gain support. You craft the settlement cooperatively with your spouse while benefiting from your attorney’s advocacy, problem-solving, and negotiating skills. You receive insight and support from other professionals who assist in identifying your interests and your children’s needs.
• You can focus on settlement. Removing the threat of “going to court” reduces anxiety and fear, thereby helping you focus on finding positive solutions.
• You lay groundwork for a better future. There is no pain-free way to end a marriage, but by reducing stress, working in a climate of cooperation, and treating each other with respect, you and your spouse are creating an environment in which you and your children can thrive.
• You get more from your resources. The collaborative process is usually less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame. You do not get bogged down for months while you wait for a court date.
• You negotiate a better settlement. Every family is unique and every family deserves a unique solution to the issues raised in a separation or divorce proceeding. The collaborative process produces final agreements that are frequently more detailed and complete than any order that would be issued by a judge after a contested court proceeding.

Unbundling

"Unbundling" is simply another way to acquire legal services and is a lower-cost alternative to full legal representation. Maredyth and Fischer, LLP offers unbundled legal services to clients who do not want, or cannot afford, to keep us on retainer, but wish us to provide assistence "as needed." Our office may simply provide legal forms, or may agree to represent the client only for specified hearings. In other words, the client will handle his or her own case but we will provide limited guidance where needed.

Clients opt for this method for many reasons. Some find full-blown legal representation to be cost-prohibitive. Other clients feel comfortable representing themselves in some aspects of their cases, but want legal representation at other points, such as when a court appearance is necessary.