
A mediation usually involves each party, with or
even without their legal counsel, at times a parenting
evaluator or guardian ad litem, if the dispute involves
children, or other experts such as property appraisers,
accountants, etc., in person or by report, and a mediator,
who is usually an attorney or retired judge, or even a
sitting judge, who has at least seven or more years
experience with family law matters. The most
promising part of mediation is that both parties remain
fully in control of fashioning relief that they deem
necessary. The right to litigate one's disputes in a
court of law is a legal right established by the
Constitution, statute, and common law, but, it may be
limited in scope to the issues outlined by the legislature
or the judge. A mediation involves agreement by the
parties over any issues they choose to mediate, and, if
the parties reach agreement, they may enforce their
agreement like a contract through the courts, so,
suddenly, it is not just the judge or the legislature who
has made the decision as to what is important, it is the
parties themselves who have decided what is important.
Sometimes, a mediation can be very brief, and sometimes it
can be very long. At TLC, our attorneys have sat on
all sides of the mediation table, in favor of husband's
wives, girlfriends, boyfriends, and as the mediator.
Mediation is a confidential process and in almost all
cases cannot be used against a party if the case does not
settle. You may find detailed information regarding
Washington State RCW's regarding
mediation
on our web
site.An arbitration is like a "mini" trial where the parties are usually represented by attorneys, but, a third party, an arbitrator, will ultimately decide the dispute. It is unlike a trial in that, in arbitration, you are rarely if ever in a courtroom, and although evidence is taken under oath like a trial, it is usually streamlined because the rules of evidence are relaxed and certain court procedures are less formal. Arbitrations are sometimes subject to "Mandatory Arbitration Rules" and sometimes are subject to the rules set forth by the individual arbitrator. Under Washington State law, in some cases, arbitration is binding and a party has waived all their appeal rights. In other cases, under Washington State Law, an arbitration decision may be appealed to the Superior Court, the Court of Appeals and to the Supreme Court just like a decision made by a court commissioner or in a lower court. A TLC attorney can let you know what rights you have if you are subject to an arbitration clause.

Counseling
is a form of alternative dispute
resolution that involves a mental health professional.
Usually, when counseling is elected as a form of dispute
resolution, the parties have designated an agreed
counselor with whom they have had a prior relationship.
Agreements reached in counseling are often similar to
agreements reached in mediation, except, because such
agreements are often drafted by non attorneys, it is
advisable to have your agreement ultimately reviewed by
and approved by an attorney to insure that agreements are
understandable and enforceable in court. An
agreement that is not enforceable is just a waste of time.
A TLC attorney can assist you in ensuring that the spirit
of your agreement is contained within the body of the
agreement.

Tsai Law Company, PLLC
2101 4th Avenue Suite 1560
Seattle, WA 98121
1-425-DIVORCE (348-6723)
Email:
support@TLClawco.com
If you wish to discuss any alternative dispute resolution electives with a TLC attorney, call toll free at 1 (877) 728-8001 or (206) 728-8000, or (425) DIVORCE. Please visit our home page for additional information about our divorce lawyers and mediation..
