Alternative Dispute Resolution


Mr. Eisfelder will often advocate for the use of alternative dispute resolution in family law matters. Negotiated agreements or mediated settlements can be much more flexible than a decision rendered by a judge. These arrangements also help mitigate the notion that one side has won the case and imposed its terms on the other. Settlements reached through divorce mediation and other ADR processes may be approved in much less time, may encourage future disputes to be resolved without litigation, and may also have the advantage of privacy.

Divorce Mediation and Privacy – Avoiding Unwanted Public Attention

In addition to divorce mediation, a number of more private and less acrimonious alternatives in California which benefit clients exists in California. For example, California has established the Retired Judge System, in which retired judicial officers hear cases in a trial setting with the same rules of evidence and discovery but largely outside the public record. For highly visible clients, the emotional difficulties involved in resolving a child custody dispute or allegation of domestic violence are only exacerbated by publicity. Pulling the case “out of the system” and using retired judges can reduce public exposure, promote confidentiality, and offer an effective, expeditious manner of resolving the litigation.

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