Mediation Attorney in Diamond Bar, California

Mediation vs. Litigation, Arbitration & Collaborative Family Law

In litigation, the parties are practicing civilized warfare before a court of law and equity, in lieu of resorting to self-help or physical violence as a means to resolve disputes. However, due to the financial and emotional cost as well as volume of litigation, individuals and the courts are exploring Alternative Dispute Resolution/Consensual Dispute Resolution methods in lieu of litigation which may include mediation.

How Does Mediation Work?

In mediation, a neutral professional facilitates communication between two (or more) parties in order to assist them in reaching a mutually acceptable agreement and thereby avoiding or resolving litigation. This can take place in a lawyer’s office, mediator’s office, or other safe neutral location such as a courthouse.


Since mediation is confidential, no writing prepared specifically for the purpose of or in course of or pursuant of mediation is admissible in any arbitration, administrative adjudication, civil action, or other non-criminal proceedings. Testimony of the mediator cannot be compelled, as the process is confidential. Likewise, all communications by and between participants in the course of mediation remain protected. The purpose of confidentiality is to allow the parties to be free and open in their communications. Sometimes, it is the motivation for the parties’ actions, rather than the actions themselves, that can be the focus of resolving the conflict.


No mediator nor anyone else may submit a report to a court or an adjudicative body and a court may not consider any report, assessment, evaluation, recommendation, or finding of any kind by a true mediator other than a report of status of settlement or non-settlement that is mandated by court rule or other law unless all parties expressly agree otherwise in writing. For rules regarding non-confidential mediation, see Evidence Code Section 1117.


Most mediations result in agreements, oral or written, partial or full. In reaching an agreement, the parties find middle ground, often resolve personal and legal issues, and have an opportunity to express their thoughts, feelings, and goals. Any written settlement agreement reached as a result of mediation, signed by the settling parties, which states it is admissible or enforceable or binding is admissible into evidence. Oral agreements are not admissible unless they expressly state that it is enforceable or binding or it is reduced to writing and signed by the parties within 72 hours. Talk to Delilah Knox Rios, Attorney at Law, today to learn more about the process of mediation in Diamond Bar, California.


Reaching a consensual agreement that settles your case is far superior to a court making a decision for you, taking the matter entirely out of your hands. When choosing a neutral mediator, be sure to work with someone who:

Choosing a Mediator

Creates an environment for settlement to occur.

Facilitates an agreement between the parties where the parties decide.

Provides a forum for each party to speak out about their concerns based on their individual shared interests.

Allow the parties to reach a consensus on major issues involving their legal and social circumstances.

Avoids the attack vs. counter-attack mindset of a protracted Litigated Case.

Allow the parties to set aside animosity and meet in a safe place based on mutual respect and allow each party to be able to maintain their individual dignity.

Benefits of Mediation

Mediation works for unrepresented litigants as well as those represented by counsel who by stipulation can be seen by the mediator with or without counsel.


If you are currently faced with protracted litigation, confused about the court process, or overwhelmed with forms and papers, consider mediation. It may help you:


  • Save time
  • Save money
  • Improve dialogue
  • Retain independence
  • Control the outcome


Mediation allows the parties to decide on the outcome and resolution rather than relying on the verdict and decision of a judge. Mediators use advanced techniques and skills to open and improve dialogue between disputants, aiming to help the parties develop a shared understanding of the conflict and work toward building a practical and lasting resolution. Find out if mediation is right for you by reaching out to Delilah Knox Rios, Attorney at Law. Attorney Rios serves families in Diamond Bar, California, as well as those in Los Angeles, San Bernardino, Riverside, and Orange counties.

Arbitration Attorney in Diamond Bar, California

Arbitration vs. Litigation, Mediation & Collaborative Family Law

In litigation, the parties are before a court of law and equity. Due to COVID backlogged cases, the number of new filings, and increasing costs of litigation – a day in court, even one for a short Motion or Order to Show Cause can be frustrating for the parties. Parties are required to appear by online access, and in some cases, appear in person, on time but must often sit/wait all morning and sometimes into the afternoon until their case is called. Family law trials can also be delayed for months, and delayed again, due to unavailable courtrooms and priority of other cases, such as child custody or domestic violence restraining orders.


Alternative Dispute Resolution/Consensual Dispute Resolutions (ADR/CDR) includes options that the courts are unable to provide. Judges encourage mediation and collaborative law solutions, where the parties resolve their problems by reaching their own agreement, without court intervention. Mediation is a process where one or more neutral mediator(s) facilitate(s) or help(s) the parties reach an agreement any time before a final decision from the court is made.


Collaborative law involves two parties, their Collaborative attorneys, and an interdisciplinary team who agree not to litigate the case. If the parties decide to litigate, the collaborative process stops, then the Collaborative attorneys and team withdraw, and the parties start over in court. This keeps the process in a “container” and encourages settlement without any hidden agenda.


For individuals who are insistent upon having their case heard before a trier of fact and law, Alternative Dispute Resolution/Consensual Dispute Resolution exists. These parties and their attorneys can elect to proceed to Arbitration, where a private arbitrator makes the decision.

What is Arbitration?

Arbitration is a form of Consensual Dispute Resolution, which is a best fit for individuals who are insistent upon having their case heard before a trier of fact and law. These parties and their attorneys may elect to proceed to Arbitration or by Private Judging. An Arbitrator or Private Judge listens to evidence presented by the parties, considers the law, and makes an award.


During arbitration, all parties and counsel agree in writing that a neutral arbitrator will hear their case and make a decision in accordance with a written contract and applicable rules of law and procedure. Under prevailing law, courts will usually not review binding arbitration awards. The arbitrator listens to evidence presented by both parties and makes an award. This is usually handled in a faster and more private manner than the delays caused by the lack of open courts, although each party usually shares the cost of the arbitrator for his/her time.



Parties who use arbitration to resolve matters save time and expense by not requiring attorneys to repeatedly return to Court for each and every minor disagreement. For parties who have high conflict situations, these processes offer assistance quickly and at a lower cost.

Special Masters & Private Judges

In family law, arbitration is handled by a network of private judges- Retired Judges. Upon the agreement of the parties, the court can appoint a Special Master/private judge to receive information and evidence and make a reasoned decision or proposal, which can then be confirmed by the Court and made an order.


Parenting Plan Coordinator(s) is usually a mental health specialist, or Retired Judge whose job consists of reviewing information and presenting findings back to a court who makes the final determination.


Private Judges, likewise, are Retired Judges who can be selected from a panel by joint stipulation and agreement between the parties and their attorneys. The hearings are then held on dates certain in the Private Judge’s offices, without the threat of continuances due to court congestion. The case, therefore, proceeds to a final decision much faster and has the individual attention of the Private Judge.

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