mediate san francisco expert in mediation and expert in divorce and attorney and lawyer who is in east bay and oakland and does divorce mediation with expertise and experience
san francisco and mediation and divorce and separtion and divorces in oakland and east bay. larry rosen as mediator and mediation expert as an attorney in divorces and
communities and divorce.
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and Peaceful Advocacy
depending on the case, I will play one of three non-adversarial roles.
As a mediator, I am hired by both parties to a dispute. I serve as a third-
party neutral helping the parties resolve challenging differences. In
keeping with the Through Understanding philosophy, I facilitate
discussion aimed primarily toward advancing mutual recognition and
secondarily toward generating viable, creative solutions to the
underlying issues. In practice, what this means is that I first try to help
people understand each other's perspective. Then, when some level of
understanding is restored, I help them find solutions that meet both of
their needs. Throughout the mediation, I offer my clients help/training in
navigating challenging communication. In the end, clients find viable,
mutually beneficial solutions, see each other again as human beings, and
are better prepared to manage disputes in the future.
Sometimes, instead of acting as a neutral/mediator, I will be hired as a
Collaborative Lawyer. In a Collaborative Law case, the other side will
also need to hire a Collaborative Lawyer. Unlike in the traditional legal
model, we two attorneys view our roles as promoting understanding and
helping to facilitate resolution, and so we agree that if the clients choose
to litigate (go to court) we will withdraw from the case. As a
Collaborative Lawyer, while I do represent my client's interest, advocacy
plays a backseat to promoting understanding. And so, rather than help
my client “win” (something which I do not believe is possible in legal
disputes), I help him/her deescalate conflict and find a solution which will
work for both sides. Ultimately, the solutions found are enduring and
likely to promote a more healthy relationship. It is important to
emphasize that I cannot act as Collaborative Lawyer unless the other
party also hires a Collaborative Lawyer. Since most attorneys are not
Collaborative Lawyers (but strong advocates/warriors), if the other side
is already represented by an attorney, it is unlikely that they will be
amenable to an approach which values harmony over winning.
Very often I am contacted by individuals who are attracted to my
philosophy and would like me function as an advocate for them but
where the other side is not represented by a Collaborative Lawyer. In
such a case, I cannot myself function as a Collaborative Lawyer (which
requires two similarly-trained attorneys). I can however function as a
Peaceful Advocate. What this means is that I am hired by one party with
the goal of helping him/her navigate a difficult relationship and find
solutions which work for both parties. Sometimes this takes the form of
coaching my client on how to work with the other party to deescalate the
conflict. Sometimes this takes the form of my working with the other
party directly to find a solution. My clients hire me in this capacity
because I play a vastly different role than a traditional attorney: I do not
try to help my clients win (as this rarely successful, normally destroys
relationships and results in enormous legal fees). Rather, I believe that
relationships are restored through mutual understanding. Only then can
solutions which meet both parties needs be fashioned. As a peaceful
advocate I do not go to court, nor do I threaten legal action. I accept
Peaceful Advocacy cases only where I believe that an honest, open and
understanding approach stands a high likelihood of success, such as
where the other party to the dispute is an individual (rather than a
corporation or a government agency). All individuals (as opposed to
organizations) have a deep need for ease in their lives and can invariably
be reached through understanding.
San Francisco and Oakland
415.356.9834
