Riverside Superior Court

A Pro-ActiveApproachto ADR

WHAT Issue Were We Trying to Address?

The Lack of Alternative Dispute Resolution Resources for Self-Represented Parties in Family Law Matters

HOW Did We Start?

• Assembled the team

• Analyzed Problem

• Defined Our Purpose

WHAT Did We Want to Achieve?• Increase Number of SRP Cases

Resolved at MSC• Prepare SRPs for Trial• Increase SRP Satisfaction with

the Judicial Process• Collect Data to Help Develop

Other ADR and Pre-Trial Resources for SRPs

WHAT Did We Create?

Voluntary Settlement Conference Program

WHAT Does it Look Like?

• Case Eligibility • New Forms • MSC Workshop • Pre-VSC/MSC Preparation • Panel of

Mediators/Attorneys

WHAT MOVIE IS THIS FROM?

“

WHO is involved?

• Self-Help Staff • Attorneys-Mediators• Department of Child Support

Services• Child Custody Mediators• Judicial Officers• Operations Staff

WHAT Are the Outcomes?

• SRPs Leave the Court With Judgment

• Collect Evaluation Data• Keep Attorney-Mediators Happy

HOW Did We Pay for This?

• Existing Court Staff• Local Bar Dispute Resolution

Grant

WHAT MOVIE IS THIS FROM?

WHAT is the Workshop Approach?• Pre-Settlement Conference

Workshop– Strongly Recommended by Judges– Review

•Disclosures•MSC Brief•Spousal Support Declaration•Property Declarations•What to Expect at Hearing

WHAT Options are Available?• Variety of Locations

– Riverside– Murietta

• Variety of Times– Day– Evening

WHAT Do We Tell the Litigants

1 2 3s of VSCs

Using a Step by Step Approach we walk people through all the necessary paperwork and explain the process involved.

WHAT MOVIE IS THIS FROM?

WHAT DO WE DO?

Disclosure Documents Completed• Most People either don’t do them

or don’t do them correctly– Go through each document and

explain the law and how to fill out the form•FL-142•FL-150•FL-141

Settlement Conference Declaration• Created for ease

to complete and ease to review

• Address common issues seen in our cases

SUPERIOR COURT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

BLYTHE 265 N. Broadway, Blythe, CA 92225 HEMET 880 N. State St., Hemet, CA 92543 INDIO 46-200 Oasis Street, Indio, CA 92201 RIVERSIDE 4175 Main St., Riverside, CA 92501

FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number, and Address) TELEPHONE NO.: FAX NO.: ATTORNEY FOR (Name): Case Number:

PETITIONER:

RESPONDENT:

PETITIONER’S RESPONDENT’S

SETTLEMENT CONFERENCE DECLARATION TRIAL BRIEF

Date of Hearing/Trial: Time: Department:

1. STATISTICAL INFORMATION:

A. Date of Marriage or Registered Domestic Partnership:_________________________________________________

B. Date of Separation:_____________________________________________________________________________

C. Length of Marriage or Domestic Partnership:_________________________________________________________

D. Marital /Domestic Partnership Status Terminated: Yes No If yes, date:____________________________

E. Existing Department of Child Support Case: Yes No

F. Petitioner’s Age: ______ and Employment:__________________________________________________________

G. Petitioner’s Net Monthly Income:__________________________________________________________________

H. Respondent’s Age: _____ and Employment:_________________________________________________________

I. Respondent’s Net Monthly Income:________________________________________________________________

J. Minor Children:

2. DISCLOSURE DOCUMENTS

If a party’s Income and Expense declaration is more than three months old, or if there have been significant changes since filing the last Income and Expense Declaration, a new Income and Expense Declaration must be prepared and filed with this document.

Name Date of Birth Age Sex Primary Physical Custodian

Schedule of Assets and Debts (FL-142) Income and Expense Declaration (FL-150)

Petitioner Preliminary Final Date Last Completed

Respondent Preliminary Final Date Last Completed

Spousal Support Declaration• Goes over the

14 Separate Statutory Factors involved in evaluating Spousal Support

SPOUSAL/PARTNER SUPPORT DECLARATION

FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number, and Address) TELEPHONE NO.: FAX NO.: ATTORNEY FOR (Name): Case Number:

PETITIONER:

RESPONDENT:

PETITIONER’S RESPONDENT’S

SPOUSAL/PARTNER SUPPORT DECLARATION - FAMILY CODE § 4320 FACTORS

Order to Show Cause/Motion Settlement Conference Declaration Trial Brief Default Judgment

I, ___________________________________________________________, declare and state that if called as a witness in this matter, I would testify as follows based upon my own personal knowledge:

1. Describe the standard of living established by the parties during the marriage.

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

___________________________________________________________________________________________ See Attachment 1

2. Does each party earn enough money to maintain the same standard of living (as described above) that was established during marriage or domestic partnership? The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage. (§ 4320(a).)

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

___________________________________________________________________________________________ See Attachment 2

3. Does the party receiving support have job skills? Are there jobs available for someone with those employment skills? What, if anything, does the party receiving support have to do to improve his or her skills in order to get a job? The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. (§ 4320(a)(1).)

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

___________________________________________________________________________________________ See Attachment 3

Property Declarations/Evidence• Review the

purpose of the Declarations

• Review evidence that would be needed if the parties were to go to trial

Review Mediation Process

• What to expect• Keys to Success• Demeanor, Demeanor,

Demeanor

WHAT MOVIE IS THIS FROM?

VSC

PREPARATION

WHAT is Required for Preparation?• Review Cases• Prepare VSC Calendar• Distribute Cases to Staff• Prepare Checklist, Stipulation,

Judgment Forms, and Missing Litigant Documents

WHAT Do We Look For?CASE NUMBER CASE NAME DEPT ATTY

PRO PER DCSS

DV CASE NOTES

SWD021579 GLIVAR & BADDON H2   BOTH N/A  

NO KIDSNO ORDERS MADEBOTH APPEARED AT WORKSHOP

227101 JUAREZ F201   BOTH YES  

RIK018199 - COMPLAINT ONLY445145DCS - PATERNITY COMPL.BOTH PARTIES SPANISH

230205 MARTINEZ F401   BOTH N/AYES

FAM153124

LEGAL SEPARATIONSTIPULATED JUDGMENT SUB. 3/30FAM153124 - DV NEVER ISSUED

218830 JONGENEELEN F402   BOTH NOYESRID220068

RID220068 - TRANSFERRED FROMVENTURA COUNTY. TRO NEVERADDRESSED HERE IN RIVERSIDE

WHAT is in the Checklist?

HOW Do We Make It Legal?

HOW Do We Incorporate the Settlement Into the Judgment?

HOW Do We Make it Work?• Assemble the Parties• Explain the Program• Parties Sign Stipulation• Judge’s Speech• Assign the Mediators• Parties have Option to Attend

CC/Vist Mediation

HOW Do We Conclude the VSC?• Mediators Returns Parties and Paperwork• Review Judgment Paperwork• Bring SRPs to Courtroom• Judge Takes Status on Record and signs

Judgment or sets Matter for Further MSC/VSC or Trial

• If DCSS involved, Taken to DCSS for review and signature

• Judgment Taken to Clerks for Processing and Copies of Filed Judgment Given to Litigants

WHAT MOVIE IS THIS FROM?

HOW Are We Doing?

• The Good– 83% Settlement rate! – SRPs and Judicial Officers Very

Satisfied– Reduced Post-Judgment Filings– Attorney-Mediator Dedication and Skill– Established Strong Partner

Collaborations

HOW Are We Doing? (cont)• The Bad

– Not Enough SRP Cases?•“What is an At-Issue Memorandum?”

– Not Enough Spanish Speaking Mediators/Interpreters

– Failure of Some SRPs to Attend MSC Workshops

HOW Are We Doing? (cont)• The Ugly

– Staff Intensive– Potential Attorney Burnout

QUESTIONS?