Mediation to resume in the Dodger Divorce – November 19, 2010

The Associated Press is reporting that the Dodgers (Frank and Jamie McCourt) owners are back in mediation and a judge is expected to rule shortly on whether the team is husband Frank’s separate property, or whether the post nup should be thrown out and the team deemed community property. The AP:

Mediation between Jamie and Frank McCourt involving ownership of the Los Angeles Dodgers will resume as they await a judge’s ruling on whether a postnuptial marital agreement is valid in their divorce case. Superior Court Judge Peter Lichtman is expected Friday to meet with each side separately and present a settlement. Both McCourts are expected to be in a downtown courtroom and the terms of the proposal will likely be kept confidential more here

 Interestingly, the authority on this case, a blogger who writes the blog Dodger Divorce (a law student named Josh Fisher) has not updated his blog since November 3. It is unclear why not. Did he miss the news about the mediation talks? Is he busy with finals?  But the last time he updated, this is what he had to say on the matter, in part:

Los Angeles Superior Court Judge Scott Gordon has had all the issues in the post-nup trial on the table for over a month now, and the parties filed their proposed findings several weeks back. While Gordon has until just about the new year to announce a decision, no one really expects him to stretch this out toward the deadline. Indeed, many–myself included–look for a ruling on the validity of the post-nup before Thanksgiving.
A decision could well serve as a catalyst for serious settlement discussions. The validity of the MPA is the greatest variable in the divorce, and taking it out of play gives each party a more certain position from which to negotiate. Whichever side wins on the MPA will try to play that victory as a trump card in discussions. The losing side will, in turn, seek to use the threat of additional litigation as leverage.
And it’s the specter of continuing litigation which is both most vexing to fans and the greatest reason the parties will have to settle the thing. Both parties have likely already considered their strategy on appeal, and each can make noise about the next step in the litigation over the Dodgers. For Frank, it will be the way he purchased the Dodgers–with proceeds from an asset acquired before marriage. It’s not great; if it was, it would have been his first bullet. But it’s something, and it would cost time and money.
MORE AT www.dodgerdivorce.com.

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