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Articles by B. Daniel Lynch regarding Mediation Divorce
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Problems confronting a litigated divorce are made worse in Southern California because of congestion in the famly
courts . . . Divorce mediation process can only work when the spouses
make their own voluntary decisions, based on adequate information. In traditional haggling ("position-based" bargaining), the parties begin by stating their respective
positions. . . . A different approach is "interest-based" bargaining, where the parties, instead
of taking and defending extreme positions, sit side-by-side and list the issues to be decided. It would probably come as a surprise to a person unfamiliar with the vagaries of the California Family Code, to
learn that the court must order child support payments based on the number of hours the child spends with either parent (which
includes sleeping hours). In mediation when final agreement is reached on all issues a Marital Settlement Agreement (MSA) is prepared,
reviewed and signed. The MSA is an enforcable contract and consists of carefully worked out agreements on each issue. Retirement benefits are a form of employment compensation like earnings. Therefore benefits earned during
the marriage and before separation are community property. For certain pensions federal law requires a certain type
of court order to be used to divide these benefits, known as a Qualified Domestic Relations Order (QDRO). Parents facing a custody
dispute are presented with two basic alternatives, to go to court, or to go to private mediation. Fighting custody disputes
in court has a misleading allure, but the wiser alternative is facilitative mediation CO-PARENTING PLANNING: SOUND IDEAS FOR ADJUSTING TO DIVORCE OR SEPARATION Parents moving to separate households in a Dissolution face numerous decisions and challenges in a changing and stressful
situation. If parents are educated regarding planning to make the transition from one to two homes, they may be much
better able to adapt to their new lives minimizing harm to the children
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B. Daniel Lynch, Mediator and Divorce
Attorney 301 E. Colorado Blvd.,Suite 709 Pasadena, CA 91101 (626) 796-3182 BDLLO@aol.com
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CALIFORNIA LAWYER PROVIDING MEDIATION AND FAMILY LAW LEGAL SERVICES to Pasadena, Burbank, La Canada, Temple City, Arcadia,
Monrovia, San Marino, Glendale, South Pasadena, including Family Law mediation, legal separation, marriage annulment, divorce
laws, child support lawyer, limited scope attorney service for divorce including attorney advice, attorney drafting of court
papers, attorney coaching for court appearances, CA divorce law, child custody lawyer and mediator, divorce rights, California
alimony laws, divorce papers, California divorce and divorce law, prenuptial agreement, postnuptial
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