The creator of the television show “CSI”, Anthony Zuiker, is
in the midst of finalizing his divorce with his wife Jennifer. As such,
TMZ has reported that the “CSI empire is getting split right down the middle“. In Ontario, many cases are not settled through litigation, but,
are resolved through the negotiation of a Separation Agreement.
The Canadian legal system has had a recent shift in ideology. That is,
any legal dispute in the past would often be adversarial in nature and
litigation was the only means to reach a resolution. Now, however, there
is an increased emphasis placed on “alternative dispute resolution”
(ADR). The concept of alternative dispute resolution includes processes
such as mediation, arbitration, negotiation and collaborative law. These
processes are advantageous as they can cost significantly less that litigation
and provide the means to reach a win-win outcome.
When a dispute is resolved through the courts, not only are costs high
but the result may not be satisfactory to both or either one of the parties.
That is, courts will provide a win-lose result. This result is determined
by a third party, a judge, who is largely a stranger to the parties. In
sharp contrast, alternative dispute resolution emphasizes the participation
of all parties to come to a mutual resolution. ADR processes provide parties
with more control over the end result of their dispute.
Over 90% of divorce cases are resolved without a trial. Thus, it is clear
that these other method of resolving a dispute, have become the primary
means of reaching a settlement in family law matters. The divorce process
now has become more dependent on “family law bargaining”, as
opposed to litigation. In the area of family law, this was a crucial step
in the right direction, as the parties of a dispute must often continue
to co-exist and cooperate in an effort to co-parent their children. ADR
provides parties with a less adversarial atmosphere where the relationship
between the parties is not further strained by court proceedings.
The Agreement between Anthony Zuiker and his wife provides that she will
receive half of the money earned by him from the 3 “CSI” television
series he created. In addition, she will receive a percentage of his earnings
from “CSI: Cyber”, which does not premiere until sometime next
year. However, the agreement also provides that Jennifer will not receive any
spousal support. Further, Anthony agreed to pay $10,000 a month in child support for the
three children of the marriage.