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Collaborative Practice Silicon Valley

Collaborative Practice Silicon Valley

Resolving Conflicts Without Court since 1993

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Professional Articles

Enforceability Of Alternative Dispute Resolution Clause In Trusts

By: Victoria Tran Sood, elder care and inheritance attorney An alternative dispute resolution clause in a revocable living trust requiring beneficiaries and trustee to resolve disputes over the trust without court litigation (through collaboration, mediation, or arbitration) is generally not enforceable against trust beneficiaries in California. However, like most general rules, there are exceptions. Beneficiaries …

Read moreEnforceability Of Alternative Dispute Resolution Clause In Trusts

The Division of Retirement Plans in a Divorce

by Sally Cooperrider, Attorney and Mediator There are a lot of financial and other decisions to be made when a couple is separating. One issue is how to divide the pensions, 401(k)s, IRAs, and other retirement assets. If the couple works together in a Collaborative case or other negotiated divorce, they can find creative ways …

Read moreThe Division of Retirement Plans in a Divorce

The Road Not Taken

By Nancy J. Ross, LCSW, BCD Sometimes I like to imagine what the outcome would have been if a family were to opt for a court process to settle their family differences rather than a collaborative process. This came to mind recently when a Collaborative lawyer colleague of mine called me and asked if I …

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Recognizing Signs Of Diminished Capacity

By Tonita E. Wroolie, Ph.D. Clinical Psychologist Diminished capacity due to cognitive dysfunction is not always obvious, but possible signs may be evident during an interview. Short-term memory problems (poor retention of recent information, frequently repeating oneself) may be observed. Communication problems may be subtle but include difficulty with word finding, paraphasia errors (use of …

Read moreRecognizing Signs Of Diminished Capacity

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