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Mediation, An Important Option for Our LGBT Community

By Cheryl Sena, Esq
Cullum & Sena Law Firm

There are many ways to resolve conflict with an ex partner. Some methods
involve litigation, and are considered adversarial. In an adversarial
approach, each party uses whatever means they have at their disposal to get
the best result for themselves. Often times, attorneys are involved.
Litigation can be very expensive, usually involves many motions to court and
possibly a trial. It can be months and sometimes years before resolution is
reached.

The upside of litigation is that the person who is on solid legal ground has
a greater likelihood of prevailing. Unfortunately, it is not always the
case, so there are risks for both sides. The downsides of litigation are
the fees, costs and time. In addition, there is an emotional toil to
litigation that must be taken into consideration. Sometimes litigation ends
up hurting one party or the other. Harsh words are said that might end
relationships, or at least create distrust going forward. Sometimes judges
make mistakes, one party decides to appeal a decision and the matter goes
on and on and on. There are other ways to resolve conflict which the
LGBT community needs to learn about in order to resolve conflict in a more
cooperative means.

There are mediators and attorney mediators in the Bay Area who are skilled
at resolving disputes in a positive non adversarial fashion. Mediation is
an informal way to reach agreement without the need to involve the courts in
the process. The process itself can involve not only the legal theories,
but can also take into consideration factors that the court would not
recognize, i.e. the emotional attachment and psychological underpinnings to
a particular point of view. Mediators and attorney mediators can help with
creative solutions not necessarily grounded in the 4 corners of the law. It
is a system that empowers the parties to resolve their own disputes in a way
that means something to them, not just to the court. Mediation can save
emotional heartache, time and money and both parties can end up as friends
or at least, not hating each other going forward.

The LGBT community needs to develop a group of individuals who are trained
to assist the community in dispute resolution. While there are many
mediators in the Bay Area, not all of them are sensitive to the LGBT
community, nor are they trained in the particular needs and concerns, both
legal and psychological, of the LGBT community. But there are some. We
should use them.

Bio & Past Articles

Past Articles

Betty's List ‘Legal Matters'
Columnist Cheryl Sena.

Cheryl A. Sena, Esq, of Sena Family Law, has specialized in LGBT family law for more than 15 years, and is certified by the State Bar of California Board of Specialization as a Family Law Specialist. Ms. Sena is also a member of the San Francisco Bar Association, San Francisco Women Lawyers Alliance and Bay Area Lawyers for Individual Freedom (BALIF).

She is an active volunteer for other LGBT community organizations in the San Francisco Bay Area.

Ms. Sena is a graduate of the College of Staten Island of the City University of New York and Hastings College of Law, University of California, San Francisco. She was admitted to the California Bar in 1984.

A frequently sought-after speaker, Ms. Sena has served as panelist and featured speaker for legal programs sponsored by Stanford University Law Schools Outlaw organization, the National Center for Lesbian Rights (NCLR), BALIF and numerous others. She has also instructed continuing education courses on family law for the State Bar Association, where she is highly-regarded by her peers as their teacher and mentor.

Ms. Sena's comments have appeared in numerous publications, news services and web sites, including the Associated Press (AP), San Jose Mercury News, the Washington Times, LegalAffairs.org, SurfWas TV News, Seditious Libel, California Divorce Weblog, AZCentral.com, 4Newz.com, LawKT.com and others.

Sena Familly Law specializes in family law with emphasis on legal matters facing LGBT families, including AB202, California's new Domestic Partnership Law. Ms. Sena works with clients on partnership agreements, adoptions, child custody, estate planning and numerous other issues affecting the special needs of the LGBT community. Other issues frequently addressed include landlord-tenant litigation, private and public housing, employment discrimination, civil rights/civil liberties, disability and women's rights.

Cheryl Sena, Esq can be reached at CherylSena@SenaFamilyLaw.com.