1) Collaborative Law. Also called Collaborative Divorce or Collaborative Practice, this is arguably the newest and most significant change in family law involving children and families. Started by an attorney who no longer wanted to go to court, collaborative law holds great promise for getting divorced without the typical trauma and drama. Spouses and attorneys sign a stipulation that they are going to go through the process without any court appearances, hearings or trials. It is divorce through negotiation and stipulation without the threat of court. Collaborative Divorce is a service-marked model that involves mental health and financial professionals working with attorneys. Clinicians are able to provide services as coaches and child specialists. Attorneys like this model because it provides a welcomed break from the rigors of litigation and the opportunity to work with mental health professionals.

2) Child Custody Mediation. The California law that mandated the mediation of child custody disputes by mental health professionals was passed over 25 years ago. As with the no-fault divorce law, California was the first state in the nation to require mediation. All Superior Courts provide mediation for these disputes, although there are increasingly more mediations being done privately. Somewhat paralleling the rise in the use of private judges, parties that can afford private mediators are benefiting from the services in the private sector, many of whom are mental health professionals. Unlike the courts mediators who have very limited time, often less than two hours, private mediators can use several sessions to interview the parents, children in order to help the family develop parenting plans that are the best for their children. It is rare that parents are seen more than once in the courts, and the percentage of successful outcomes is lower than in the past.

3) Counseling by Court Order. Until 10 years ago, although the court could order counseling for parents in dependency cases, the judges could not order counseling for parents in divorce cases. One of the recent developments is the increased application of the Family Code 3190 that requires parents involved in a custody or visitation dispute to see a counselor. One of the key conditions for the clinician to discuss is the reporting requirement and extent of the confidentiality of the sessions. Many believe he best arrangement is “safe harbor” counseling in which the content of the sessions remains confidential. Under this arrangement, the therapist never has to go to court or be cross examined by an attorney regarding the case.

4) Special Master. Also called the Parenting Plan Coordinator, typically a mental health professional or attorney is given the power to make decisions for children of divorce. The court has become burdened with conflicts about day-to-day decisions regarding children. Rather than making repeated requests for hearings before a judge, attorneys are often stipulating to the use of special masters, frequently after recommendations by child custody evaluators. Critics are concerned about delegating authority that properly belongs with the court, but there is a greater use of this method of resolving disputes.