Antolinez Miller, LLC provides both mediation, arbitration, and med-arb services in all areas of family law. Antolinez Miller, LLC has the experience and knowledge to resolve even the most complex property division issues. If you are in need of these services, please contact Antolinez Miller, LLC to schedule an intake appointment.

MEDIATION

Mediation is a confidential and informal way to resolve divorce and child custody disputes with the help of a neutral third person (mediator). The mediator works with both parties to help them reach a mutually agreeable solution to their differences. Mediation proceedings are confidential and informal. The mediator cannot issue subpoenas or swear witnesses, nor force the parties to resolve their differences. But the mediator can help the parties reach a solution agreeable to both of them. If the parties work out all or some of their differences, the resolution is put in writing to be signed by both the parties and filed with the court for approval.

Mediation is not always appropriate in cases of domestic abuse or violence. In these instances, Antolinez Miller, LLC recommends that shuttle mediation be used and that the parties not meet face-to-face. Even when these safeguards are employed, it is not always appropriate that a victim be forced to negotiate with a perpetrator of domestic abuse or violence.

Mediation is usually a better way to resolve matters when both parties have a vested interest in acting in good faith and coming to resolutions. Mediation has advantages over traditional litigation for several reasons:

• Mediation gives both parties a chance to be heard equally when deciding the outcome of their divorce.

• Mediation allows parties the freedom to settle based on their own idea of what is actually fair and equitable rather than risking letting a judge decide issues he or she knows little about.

• Mediators help parties manage their conflict and come to meaningful agreements.

• Mediators assist parties toward making shared decisions that they are more likely to embrace rather than court-imposed decisions that parties are often unlikely to accept.

• Mediated parenting plans result in better, longer lasting co-parenting relationships.

ARBITRATION

In divorce and child custody arbitration, an arbitrator will listen to both sides of the case (outside of the court system) and make a decision based on all the factors. Unlike mediation, the decision is filed with the court and entered as a binding order of the court. The biggest con to arbitration is that the decisions of an arbitrator are more difficult to appeal than the decision of a judge. The biggest advantages to arbitration is that the process is often very quick, less formal and efficient, and often less expensive than pursuing a formal determination by a court of law on the issues. Family law arbitration hearings are usually not formal and are usually set up in a conference room outside of court with lawyers present. The arbitrator listens to both parties and the arguments of counsel, and makes a final decision, just like a judge would. Despite its limitations, arbitration is ideal for parties who want to avoid the messiness and expense of a protracted divorce; everything stays private, and it allows both parties to come to a speedy resolution of their issues.

MED-ARB

Med-arb is a hybrid approach to alternate dispute resolution that can be highly effective in divorce or child custody cases. The med-arb process begins with the informal process of mediation and ends either with either a stipulation of the parties as a result of the mediation process or by a binding decision of the med-arb professional. The decision of the med-arb professional has all the binding effects of a formal arbitration award. The biggest advantage to this process is that the parties to med-arb are more vested in being fair with one another during the mediation phase of the med-arb process knowing the med-arb professional is also the one who will enter a ruling should the mediation phase ultimately fail. In other words, the parties are usually on their best behavior and are vested in demonstrating good faith to the med-arb professional. In a normal mediation session, the parties do not have to be fair with one another because at the end of the day, they do not have to agree to anything and because there are no consequences to them should they fail to agree.