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About Timmy Chou
Expertise
I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".

 
   

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Arbitration/Mediation - hi


Expert: Timmy Chou - 9/4/2006

Question
please answer what u can thanks
the main quesiton is about a means tested  federal rental subsidy and how it jives with affidavti fo support in general
and  for a disabled  applicant
and if there are any special provisions when  either the  citizen or  potential foreign spouse is disabled and exempt from work
and getting ssdi - the ssd is not ussually menas tested thanks
i have a question on the affidavit of support

the new  schedule? (final rule)

and can social security disability

section 8 federal housing assistance program

medicare

1/2 fare metro transit card

foodstamps given to someone because of disability

a car

a dell notebook computer
motorized gym equipment
a letter from a private social service agency that they will contribute to the  prospective spouse and disabled us citizen spouse

letters from friends saying they will give money to the  us citizen spouse

be used to offset the income requirement?

(what the best way to show ownership of the inter vivos gift?)




are any of these programs/subsidies that may or may not be means tested  be grossed up because they are tax exempt and there is no recoupment  provision?

are these assets or cash assets  demoted  and dimunitized since they may be subject to tax?
may cuase a dminishment in federal and /or state subsidies?

how cna ownership be shown of cash assets w/o concomitant tax liabilty  or diminishment of subsidies?

e.g is it strategic to set up a living trust? or annuitees?

which state is it more strategic to apply in for the fiance  visa?
which type?
is there any latitude in choosing a state to apply in?

will the income qualification rise or   fall in the future?

when the 'final rule' says that only one  year of income tax is required initialy,  do they wnat to c the other 2 years  later?
at what stage?
and how much can b accomplished when one only filed one year?
or there was an interupption in an employees work history, can they skip back adn mix and match strategically to choose  years with high income levels?  

Answer
Thank you for your question!

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

I am not a lawyer, nor do I have any content expertise with respect to your specific questions and cannot give you a recommendation.

I hope you can get the answers you need.  Just for your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no %100 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Is confidential, no record
    Less costly than litigation
    Preserves business and family relationships
    85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more harm
    usually more expensive than mediation and arbitration
    part of the public record

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