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Appeal
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it will not be published.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
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 when 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 a judge to discuss
and negotiate resolution. This may involve a 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 parties', counsel's, 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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