By James D. Scott, CFLS
Commonly Heard Phrases Indicating Agreement and Compromise Between Spouses:
Antenuptial Agreement
Marital Agreement
Post-Marital Agreement
Marital Settlement Agreement
Stipulation to Judgment (more…)
Why Husbands And Wives Should Have Prenuptial Agreements
Why Would You Not Mediate Your Divorce With All These Protections?
By James D. Scott, CFLS, Copyright 2007
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§ 703.5 |
“No mediator is competent to testify.” |
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§1115[a] |
Definition of Mediation: A neutral person facilitates communication. |
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§1115[b] |
A Mediator is a neutral who conducts mediation. |
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§1115[c] |
Mediation consultation is a broad definition including intake communications. |
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§1119 |
Mediation privilege written in oral communication inadmissible. |
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§1119[a] |
Nothing said in mediation is discoverable or admissible in evidence. |
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§1119[b] |
No writing prepared for mediation is admissible or subject to discovery. |
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§1119[c] |
All communications, negotiations, and discussions are confidential in mediation. |
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§1120 |
Evidence admissible or subject to discovery outside mediation is not inadmissible because of the mediation. |
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§1121 |
No mediator’s report or findings may be submitted to the Court. |
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§1122 |
Communications and writings may be admissible if the parties agree in writing. |
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§1123 |
Business settlement agreements prepared in mediation may be disclosed if the agreement is enforceable or binding or words to that effect; or the parties agree in writing; or the agreement is used to show fraud, duress, or illegality that is relevant to an important issue. |
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§1124 |
An oral agreement from mediation is not made inadmissible if, in accordance with §1118: the oral agreement is recorded by a court reporter, tape recorder or other, the terms are recited on the record, the parties express on the record they agree to the terms recited, the parties state on the record the agreement is enforceable, the recording is reduced to a writing signed by the parties within 72 hours. |
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§1125 |
Mediation ends when:
NOTE: Parties may execute a partial written settlement, an oral agreement may partially resolve the dispute per §1118, either party may end mediation without an agreement. |
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§1126 |
Protection before and after mediation: anything said or any writing is inadmissible and protected from disclosure before mediation ends and to the same extent after mediation ends. |
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§1127 |
A person who erroneously subpoenas or tries to get a mediator to testify or produce writing is subject to an award of reasonable attorneys fees in favor of the mediator. |
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§1128 |
Any reference to mediation during a subsequent proceeding is grounds for vacating or modifying the decision in that proceeding. |
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§1152 |
Offers to compromise are privileged. |
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§1152[a] |
All settlement discussions and offers are privileged. |
Who Pays For Transportation When The Child Moves Across Country?
By James D. Scott
When the parent with the most child sharing time moves across the country, extra efforts must be made for the child or the children to keep frequent and continuing contact with the parent and other family members who remain behind. (more…)
Understanding the Discovery Process and Your Rights
By James D. Scott
Under California law, the Family Court is required to divide community assets and community liabilities equally1 between the parties, unless the parties have entered into a property settlement agreement that sets forth a different arrangement. An attorney must identify and place a value on all community assets and liabilities. If this information is suspect, various procedures of investigation are available under the laws that are commonly called “discovery.” (more…)
“I Thought Our House Was Community Property – Buyer Beware!”
By James D. Scott
In today’s real estate mortgage market, one spouse often has better credit than the other spouse. In order to obtain a more favorable interest rate on a mortgage, one spouse will quit claim their interest in the house to the other spouse as their sole and separate property. This form of title is often demanded by the lender. The house is being purchased during the marriage and the married couple believes in good faith the house is community property. (more…)
