AB 205, the California Domestic Partner Rights and Responsibilities Act, dramatically enlarged the legal options available to gay and lesbian families.  Registered domestic partners are now entitled to “the same rights, protections and benefits . . . as are granted to and imposed upon spouses” under California law.  However, AB 205 does not apply to federal law or to the laws of other states. This conflict has created a great deal of confusion for couples and practitioners alike, particularly as it relates to real estate, tax and estate planning.  Against this backdrop of legal uncertainty, mediation can help domestic partners come to agreement around issues such as:

• Do we want to register, make private agreements about our property, or some combination of the two?
• Should we adopt each other’s children?
• How should we share our finances and assets?
• What happens if we split up?

Similarly, mediation can allow separating partners to end their relationship while preserving their financial and emotional resources and keeping their connections to their extended family and friends intact.  And for families , our child-oriented mediation allows them to protect their children as they plan for their future.

Though ABA 205  marks a historical shift in California Family Law, it will be years before its ramifications for gay couples and families will be clarified by the courts.  In the meantime, the simplicity and self-determining nature of mediation can produce voluntary agreements against the background of equal rights and responsibilities established by the new law.