When life transitions happen suddenly and with great upheaval, I can be your point of balance offering appropriate dispute resolution services. At such disruptive times, I find many people are searching for an alternative to litigation in court. And the GOOD NEWS is: YOU HAVE ALTERNATIVES! Here are the appropriate dispute resolution services I offer for your choice.

 

Mediation

Mediation is a process in which creative solutions are explored in order to resolve disputes between family members. The purpose of mediation is to construct an agreement that is acceptable to all parties. This agreement is reached through an interactive process in which the parties identify common areas of interest, conflict and resolution. Mediation facilitates the positive communication between family members and minimizes the stress and antagonism that may accompany litigation in court.

The role of the mediator is to facilitate this communication and problem solving process. Mediators are neutral parties who do not judge parties or impose their decisions on parties.

For example, parties may mediate reconciliation, separation, dissolution of marriage, dissolution of domestic partnerships, paternity, post – decree matters, elder care, probate and family business matters.

Elizabeth A. Winter offers a complimentary one-half hour initial consultation where the parties jointly participate in an informational one-half hour with the mediator to:

 

• describe the process of mediation;
• describe the role of the mediator, the parties and third parties;
• compare it to other alternatives; and
• describe the administrative aspects of mediation.

 

To schedule a complimentary one-half hour initial consultation, feel free to contact Elizabeth.

 

Arbitration

Parties may select Elizabeth A. Winter to act as a non-judicial hearing officer to receive the parties evidence, apply the law to the facts, and make a decision on any matter that the parties dispute. The parties may agree that the decision will be advisory or binding. For Example: Parties may submit to an Arbitrator the determination of community value vs. sole and separate value of a property that has a mixed characterization, like a home owned by one party prior to the marriage and improved with community funds during the marriage.

 

Fact Finding

Parties may select Elizabeth A. Winter to receive the parties disputed evidence and make a factual determination. For example: Parties may submit to a Fact Finder the factual determination of the good will value of a professional practice.

 

Early Neutral Evaluation

Parties may select Elizabeth A. Winter to act as a neutral third person to receive evidence and provide the parties with an evaluation of the strengths and weaknesses of their positions if the matter were to proceed to trial. For example: The parties have commingled sole and separate funds with community funds and they dispute whether commingled funds can be traced to their original character.

 

Collaborative Law

Parties may select Elizabeth A. Winter to be part of an interdisciplinary team that works together with parties and their attorneys toward the sole goal of reaching an efficient, fair and comprehensive settlement that is satisfactory to each party.

 

Mentoring

Elizabeth A. Winter offers mentoring to other mediators who are seeking someone to help them "learn something they would otherwise have learned less well, more slowly, or not at all." Mentoring can be a way to advance individual skills and competencies.