Appeals:
An appeal is the process by which the trial court’s ruling is reviewed by the appellate court. This occurs after the litigant who is unhappy with the trial court’s judgment follows certain procedural requirements and files pleadings called “briefs” with the appellate court. The person seeking review is called the appellant and the opposing side is called the respondent. Each side files briefs with the appellate court. The appellant has the opportunity to file the last brief called a “reply”. After the briefing is completed, according to a legally established schedule, the appellate court will ask if either side waives the right to oral argument. If one side declines that waiver, the matter will be scheduled for oral argument before a panel of three appellate justices. All appearances will be made by counsel and no testimony or comments from the parties will occur. This is a formal proceeding in which the legal arguments are made and the justices ask questions of appellate counsel. All discussion is between the counsel and justices and there is no discussion between counsel for the opposing parties. When argument is completed, the matter is submitted for decision. The appellate court will issue a written opinion. It may be certified for publication if the decision is important or it will not be published. If it is not published, it is binding in the particular case involving the appellate question, but is not binding on any other present or future appeals by other parties in other cases.

Every litigant has a right to appeal to the appellate court and the appellate court must grant a review.

After the appellate court has rendered its opinion, the party dissatisfied with the opinion has the right to ask the Supreme Court to grant review. There is no right of review by the Supreme Court. The Supreme Court rarely grants review and generally only when the legal issue is important, new, or evolving. If review is granted, appellate counsel will file briefs and thereafter be asked if oral argument is waived. If not, oral argument will be scheduled and will take place before the seven supreme court justices of California. The Supreme Court will issue a written opinion that will be binding on the subject case and on all current and future cases involving related, same, or similar questions of law.

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Litigation:
There are various modalities for reaching resolution in a family law case. The term “litigation” commonly is erroneously understood to mean an acrimonious and disruptive process of resolving conflict. “Litigation” in our firm means that we represent our clients in the fact-finding process called discovery and the resolution of intermediate issues that arise in the course of moving towards a final determination of each party’s interests and rights. We prepare our client’s case for settlement reach through voluntary negotiations between counsel or between counsel with the clients and a surpervising judge, whichever format will work most effectively and comfortably for our client. Litigation may result in a trial if negotiations are not successful. Most family law cases are settled and sometimes the trial of one issue may result in the settlement of other outstanding issues.

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Mediation:
This term commonly refers to discussions directly between the parties with a mediator present, but without their respective counsel. This is a form of dispute resolution that requires both parties to negotiate with each other with the assistance of a third party. The purpose is for the parties to reach a resolution of their conflict that satisfies that couple’s sense of fairness and equity. The process is intended to facilitate reasonable communication between the parties and assist them in ending their intimate relationship in a personal and constructive manner. Mediation is suitable for couples where there is not a perceived disparity in power or knowledge in the relationship and the parties have the same motive for attending mediation. Mediation is not suitable if one party is intimidated or fearful of the other, one party wishes to have continued access to the other as a means of control, one party is not credible or honest, or the conflict between the parties is too high for constructive communication. Mediation is not suitable if one party is compromised by psychological issues that prevent the ability to function or think clearly and freely in the mediation environment.

Mediation may also mean a process of dispute resolution in which the parties and their counsel meet with a mediator or with a judge to discuss and negotiate resolution. This may involve single session or ongoing meetings to discuss and resolve issues. This process may be the same as a settlement conference.

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Settlement Conference:
This is a meeting of the parties, their counsel, any necessary consultants, and a lawyer or judge whose task is to supervise and facilitate the and parties, counsel, and consultants’ discussions towards a resolution of the conflict. This may take a single session or multiple sessions. The settlement lawyer or judge may supervise the exchange of any additional information needed for additional settlement sessions. The lawyer or judge usually determines the procedure for the settlement discussions. Often, it is done by “shuttle” diplomacy. This means that the parties and their respective counsel and consultants are mostly in separate rooms while the settlement lawyer or judge goes back and forth between each side with proposals, counter-proposals, or guidance and instructions for making proposals or counter-proposals.

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Trial:
A trial is a formal legal proceeding presided over by a judge. After each side presents its evidence and arguments in accordance with legal standards and procedures, the judge will enter a judgment. This is called ‘adjudication’ of the issue or issues. The judge’s decision will be binding on all parties. If the judgment is on one issue that needed to be resolved in order to achieve a settlement of other issues, the judge’s decision will be binding for all purposes in the case.

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