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Updates from Triage and ADR Sub- Committee

(or is it “Consensual Dispute Resolution” per ACFLS?)

Contacts: We have had 2 subcommittee meetings

Summary of Structure, to date.

1. Judge Grilli reports from San Diego Conference that we will have a
First 5 consultant at the Family Court to assist setting up modifica-
tions of the systems which we are exploring.
2. Integration of Elkins Task Force Recommendations, AFCC arti-
cles, the Australian materials, and information from Florida, Ari-
zona, Connecticut, Oregon, Indiana and Los Angeles are contained
in the working draft model.
Working Model:

A. Use a Differentiated Caseflow Management Model: “A family cen-

tered Case Resolution process tailored to meet the the needs of each
individual family.” This caseflow management should begin at the
case initiation - preparation of the initial pleadings through post
judgment motions. (See Elkins, page 22), (See Australian model)

B. Each family’s case should be assessed, based on

1. type of case
2. procedural issues
3. substantive issues
4. individual factors

C. Checkpoints should be incorporated into the California Case Man-

agement System (which is in development for the 58 Superior
Courts)
D. Elkins Task Force recommended the establishment of California
Family Law Innovation Project (See Elkins Comments, p. 56 for
example from William Eddy from the High Conflict Institute.

Valerie R. Houghton, RN, MFT, Esq. - 1190 S. Bascom Avenue - San Jose, CA 95128 - 293.5853
E. Provision of Continuum of Interdisciplinary Services, starting with
Orientation and Shared Parenting Education modules
1. Legal Information and Education
2. Assistance with Forms & Explanatory Process (Court Based Self
Help Centers)
3. Provide Legal Advice
4. Provide Mediation (Confidential? Reporting? Optional?) (Should
this have the option to also include children; ie a Case Conferenc-
ing Model?) (Should there be a “Therapeutic Mediation Model”
used for child custody dispute resolution, per Waldron, J.A. (1984)?)
5. Provide Settlement Assistance (Judge? Settlement Officers? Dyad
of Family Law Lawyer and Mental Health Professional, per Contra
Costa project?)
6. Represent a litigant on a portion of the case (Special Appearances/
Unbundling of legal services)
7. Full legal representation for trial court
8. Full legal representation for appellate matters

F. Key Question is screening for DV, disabilities, limited English pro-

ficiency, competency (See Frost and Beck, 2010) and allegations of
child abuse: “When and by Whom?” (See Elkins) (See Salem, P.
“The Emergence of Triage in Family Court Services: the Begin-
ning of the End of Mandatory Mediation?” Family Court Review,
47, 371-388.) (See McIsaac, H. “A Response to Peter Salem’s arti-
cle” Family Court Review, 48, 190-194.) (See Frost, Lynda E. and
Beck, Connie J.A. “Defining a Threshold for Client Competence to
Participate in Divorce Mediation.” Psychology, Public Policy and
the Law, 12(1), 1-35) and “Competence as an Element of “Media-
tion Readiness.” Conflict Resolution Quarterly 25(2), 255-278.)
 Differentiated CaseFlow Management Diagram Sample

Enter Process
Orientation and Initial Screening: Type of Case/
Procedural Issues/Substantive Issues/Individual Factors
Education Module : (Use Elkins as guide for what this
must include, @ p. 65 et al) Self Help Utilization Center,
including document preparation
Special Needs ID Center: (method of assessment?) Ac-
commodations for these needs begins at this point, if they
have not been assessed prior to this point.
1. Safety: Domestic Violence and Allegations of Child Abuse trigger
immediate investigation of the allegations, (social worker on-site)
2. Persons with limited English proficiency (translator assigned/forms
in their language)
3. Persons with disabilities (including competency)
4. Young or medically fragile children (see their committee)

Triage Center: Family Law Facilitators will direct..

Unmarried Persons to obtain parentage orders, take to

Document Center and file with the Court.

Uncontested Cases to complete their own paperwork:

If there is full agreement, submit to the Court.
 Contested Cases will explore their alternatives: (See Elkins,
65-68 for complete listing of recommendations) Does this
family need one or more of the of the following? Safety, Education &
Informed Consent Issues?
1. Reconciliation Counseling: Assess, education module referral and
referral to professional with date to return to follow up on status.
2. Collaborative Proceedings (What accommodations should be put in
place for each of the Special Needs?) (Should they work their way
across the continuum?)

Mediation

Family Conferencing/Family
Mediation

Settlement Conferencing with Settle

ment Officer and/or Judge

Arbitration (binding/non-binding)

Evaluation via Emergency Screening (ordered by the

Judge, to be performed in <4 hours or FCS standard proto-
col?), BFA or Full Custody Evaluation (must go to the Set
tlement Officer, then to the Judge?)
Process throughout is monitored by establishing “Checkpoints”, as
part of the California Case Management System. Parent Education is
provided on Court website and in kiosks in all waiting rooms and
general areas, where people are waiting and preparing their docu-
ments. Audio video materials are available via First 5 and others.
 Document Center:
Finalize and check documentation before filing with
the Court. If persons need a Proof of Service, they will have the
document’s final check here.

Trial Court:
Ex Parte Filings
Emergency Screening Requests
Settlement Conferencing
Motion Hearings
Trials

Revision 6.28.10