EQUITY

TAKING CONTROL: When you take control of dispute resolution, you are actively involved in designing a system that essentially meets your needs, while realistically acknowledging the essential needs of the other party to the dispute.
In mediation, both parties are more likely to become winners because they have resolved their dispute - mutually and equitably.

The Litigation System mandates winners and losers, competitors or adversaries. - It is not conducive to maintaining the needs of equity, civility, and economy for two people who need to remain cooperative, nurturing parents to their children.

Most recently, in California, the Family Law Court Forum proposed a comprehensive legislative restructuring for the resolution of Family Law Conflicts. In doing so, the Forum pointed to the following factors, common now to most family law courts:
"California's family law courts use the same basic principle to resolve disputes as criminal and civil courts -- the adversary system. Historically, attorneys have represented the overwhelming majority of litigants in family law cases. ...
What is unique to the family law system is that the court presides over the legal alteration of family relationships, with all of the attending emotional and psychological upheaval. The adversary system tends to exacerbate the already strained relationship of the parties. This is a particularly undesirable byproduct of the system, especially where the parties have children in common. One of the undeniable truths in family law is that the negative impact of the family breakup upon children is directly proportional to the amount of conflict which exists between the parents. To the extent that our system promotes and encourages conflict between parents, it fails to serve the best interests of children. ...
The decreasing utilization of attorneys is partially due to the high cost of full representation which has driven away potential clients who otherwise might have been able to afford limited assistance, advice, or preparation of forms. ...
It is apparent that the changing needs of California's society have caused the current system to become outmoded. ...
The system needs to explicitly recognize that settlement, negotiation and mediation are the expected methods of resolution, and that the system will encourage and facilitate the parties' efforts to reach agreements. ... "

Mediation is a forward- looking process that does not focus on the past, or seek to assess blame, or exploit emotion.
The goal is to secure stable futures, and positive self- determination for the involved parties.

Dads Against the Divorce Industry