Law and Mediation Office of

 Laurel Tuvim Amaya

626-441-2473


Options and Methods for Resolution

There are different ways and methods to resolve your family law issue. While in certain situations it is necessary and important to seek a decision from a Judge, going to court is not the only way to resolve family law issues and in most situations there are much better methods for conflict resolution. You have a number of choices for how to address your case:

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MEDIATION


Mediation is a settlement process in which the negotiation is guided by trained third party. Through this process and with the assistance of the mediator, the couples, whether divorcing or resolving parenting conflicts, are able to resolve their own dispute. Mediation works well for people who want to come to a settlement themselves but are unable to do it without assistance. The mediator's job is to help discern the objectives, or interests, of each person, and work with both parties to find a resolution which will best meet the respective objectives. The use of the mediator benefits the parties by helping the communication process, maintaining structure for the discussion, and working to avoid impasse and breakdown of the discussion. Once an agreement is reached, the attorney mediator can also draft the agreement, and submit it to the court so the agreement can become an enforceable court order.

COLLABORATIVE LAW

The keystone of the Collaborative Process is that the parties, and their attorneys, agree that they will NOT go to court to resolve their issues but will work together "collaboratively" to create solutions together. Each party has an attorney to advise them in the legal aspects of their agreements. The attorneys are experienced family law attorneys specially trained to work cooperatively instead of aggressively preparing for a court battle. The family law attorneys who have trained and work in the collaborative process, know from their experience, that their clients, and their children, benefit from an resolution that they have created themselves and in which they are invested. The Collaborative process also can include the assistance of coaches, who can be extremely helpful in the emotional issues affecting the reaching of resolutions, including parenting differences, and when necessary the assistance of a child expert and financial consultants. In the Collaborative Process there is a distinct focus on fairness and respectful problem solving. Often most important, this process helps parents find ways to reduce the negative effects that their divorce and conflict can have on their children.


CONSULTATION, NEGOTIATION, AND

LIMITED SCOPE REPRESENTATION

Some clients prefer to handle most of their case on their own but would like a lawyer to assist with only a part of their matter, such as giving an opinion as to a settlement proposal, drafting of a document, preparing child support analysis, or appearing in court on their behalf.