Areas of Practice
“Mediation not Litigation”
I assist self-represented parties in coming to an agreement before their cases are decided by the courts. In most small claims cases, parties go to court and are not ready to abandon their adversarial positions. The mediator assists them in reaching an agreement so both parties can settle their disputes off the record. The mediator’s role includes:
- Categorizing issues
- Explaining agreements and disagreements
- Assisting in discussion
Divorce & Child Custody
I analyze both the petitioner and the respondent in how they interact and how they relate to each other as two people. I view each case as involving unique viewpoints, interests, and personal values. This can include:
- Generating options for resolutions (together or one-on-one)
- Preparing an environment and structure where effective communication can take place
- Emboldening disputants to ascertain multiple options
Restorative justice focuses on healing and reconciliation for the perpetrator, victim, and community at large. Offenders are held accountable for their actions while the process concentrates on the victim’s needs.
Victim Offender Mediation
This consists mostly of juvenile offenders participating in mediation to make restitution for their actions. This restitution could be in form of an apology, working for the victim, making monetary payments, or something else that feels appropriate. Victim offender mediation often reduces recidivism compared to putting a young offender in the juvenile justice system.
Case evaluation is a process where both parties submit their case to a neutral party (mediator-arbitrator). The mediator-arbitrator read the briefs carefully and categorizes five factors:
- Clarify the main issues
- Identify the stakeholders
- Recognize how stakeholders view the issues?
- Explore probable solutions
- Make recommendations
Mediation or Arbitration?
Mediation is a mutually agreed solution of the issue that both parties reach, whereas Arbitration is when a neutral third party decides the conflict.
Assisting the parties to apply their facts and values to reach an agreeable resolution. The distinctive feature of mediation is that the parties decide the outcome. Under California law, mediation is confidential, and mediation proceedings are not admissible as evidence in a court of law. Mediators cannot be called into court to testify about mediation proceedings.
In the arbitration process, disputants present their case to a neutral third person who is permitted to decide the case. The arbitrator usually has more expertise in the subject matter of the dispute than the judges do. Furthermore, the arbitrator has greater flexibility to decide the case, and not bound by the principle of Stare Decisis (case law) in deciding the conflict.
3155 Crescent Ave
Marina, CA 93933