The Arizona Rules of Family Law Procedure (hereinafter “ARFLP”) define mediation as “a voluntary confidential process in which parties enter into one or more private discussions with a neutral third party to resolve the dispute.”  ARFLP 66(B).

 The Arizona Rules of Family Law Procedure state that any issue may be mediated. ARFLP 67(B).  The parties can agree to mediation, or the Court may order mediation.  ARFLP 67(B)(2).   However, even when ordered, participation is voluntary. ARFLP 67(B)(9).

The Court may appoint a mediator, or the parties may agree to a mediator. The agreement reached in mediation must comply with ARFLP 69, and “the parties shall acknowledge that the agreement was entered into by them voluntarily and without threat or undue influence, after full disclosure of all relevant facts and information, that it is intended to be a binding agreement, and that it is fair and equitable, and, where there are minor children common to the parties, that it is in the best interests of the children.” ARFLP 67(B)(7)

The Court may decline to order mediation where mediation may not be appropriate, such as where there has been domestic violence. ARFLP 67(B)(2).  If domestic violence has occurred, proper procedures must be in place to protect the victim. ARFLP 67(B)(2)(a).  The mediator also has an obligation to decline to mediate a case where domestic violence makes it inappropriate. ARFLP 67(B)(2)(c).

The Court may appoint a Judge Pro Tem to conduct the mediation, in which case the Pro Tem may approve agreements, make jurisdictional findings and enter orders. ARFLP 67(B)(1)(b).  The Pro Tem may be paid, but not for judicial tasks, such as approving agreements or signing orders.  Id. 

Alona M. Gottfried is a family law mediator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions. 

 Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

William Doherty, a psychologist and professor at the University of Minnesota, has completed research on how married couples decide whether to divorce or not.  Results of a survey of 2,484 Minnesota parents who filed for divorce demonstrate that a shocking 25 percent of parents still thought there was hope to save the marriage.  In a subset of 329 couples, twelve percent of both couples independently expressed an interest in reconciling.

Could that mean that a significant number of divorces could have been averted if the parties talked and were open about their hopes for reconciliation?  Perhaps one or both parties’ egos get in the way of reconciliation – one party thinks the other party wants the divorce and does not want to be rejected if he/she broaches the topic of reconciliation.

Couples considering divorce may first want to explore reconciliation mediation.  Reconciliation mediation is a way to discuss the issues confronting a couple in a neutral environment with a trained conflict resolution professional.  The mediator, who is not a counselor and who uses a different skill set than a counselor, works with couples to discuss and resolve their issues.

In a study of 866 divorcing Minnesota residents, it was determined the most common contributing factors to a divorce were:  growing apart (55 percent); unable to talk together (52.7 percent); money issues (40.3 percent); spouse’s personal problems (36.8 percent); (not getting enough attention (34.1 percent); and infidelity (34 percent).  Dr. Doherty found that even infidelity was not a barrier to saving a marriage where the parties were interested in reconciliation.  All issues can be discussed in mediation.

Sometimes the couple leaves mediation with binding agreements on how they will, for example, address pressing money issues.  Sometimes the couple leaves with a better understanding of their respective concerns and the most productive way to address them.  If the couple ultimately decides to divorce, they can use the mediator to complete their divorce in an amicable manner.

A marriage seems hopeless, or it may appear that the grass just appears to be greener on the other side.  However, as noted by psychologist Dr. Susan Heitler:  “[I]t’s radically cheaper emotionally, as well as financially, to fix the marriage than to declare it dead.”

Reference:  “Some couples pull back from the edge of divorce.” By Sharon Jayson, USA TODAY

Alona M. Gottfried is a family law and reconciliation mediator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions. 

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

I am convinced that, if more people knew about mediation and its benefits, more people would use it as an alternative to litigation or ongoing conflict. My challenge has been overcoming the paradigm that has been in place for hundreds of years: conflict = lawyers = litigation.

Because we live in a world of two minute sound bites and catchy (or annoying) jingles, I have tried, without too much success, to come up with some snappy slogans. See if any of these resonate with you, or suggest a few of your own:

• Mediation – it is not your parents’ conflict resolution. (Kind of hip?)

• Got Conflict? Mediate. (Would that get me sued by the milk industry?)

• Mediation – litigation is so 1980s. (My teen and tween nephews would say I’m trying to hard)

• Mediation. It’s hot. (Okay – that is just embarrassing)

• Courts, lawyers, depositions, sanctions, motions, experts, attorney’s fees, court costs, expert fees, stress, time, acrimony, risk. Mediation is the better alternative. (True, but not very catchy, unless I could place it to music…)

• Peace, love and litigation? Mediate. (Too “Kumbaya”?)

• The red and the blue states agree … mediation is the better alternative. (Good for an election year, perhaps)

• Life is too short to spend years in litigation. (Kind of puts it in perspective – I think Dr. Wayne Dyer or Dr. Phil would like it. They would also like: End your conflict…begin enjoying life again.)

• Don’t propagate hate. Mediate. (Very Jesse Jackson)

• Mediation works. (I like this one, but I would need an asterisk leading to the caveat: “*almost all of the time,” so I don’t get sued in the few cases where it is not successful).

• Be heard. Have a voice in your conflict resolution. (Power to the people!)

• What are you willing to risk to litigate? Try mediation. (Scare tactic)

• Don’t you have better ways to spend your time and money? Choose mediation. (The Jewish Grandmother approach)

Here are just a few more for your consideration:

• Mediation: Resolution Without Litigation

• Mediation: Solve your disputes on your terms.

• Litigation is not the only option.

• Litigation is expensive, draining and risky. Mediation is empowering, efficient and effective. Try mediation

• Mediation is the empowering, efficient and effective way to resolve conflict.

• Why litigate when you can mediate?

• Mediation is the reasonable path to resolution.

• Address your disputes in an efficient and effective manner…mediate.

• Conflict doesn’t have to be nasty.

• Litigation destroys relationships and causes financial hardship.

• Mediation: Be a stand for peace and reasonableness.

• Why give up your power to judges and lawyers? Mediate.

• Mediation is the fastest growing method for conflict resolution for a reason.

• There doesn’t have to be a winner and a loser.

• Mediation: It is cost effective, it is time-efficient and it works.

Let me know, people, what resonates with you – what can I say that would lead you and your loved ones to consider mediation first when faced with a family law, business or other type of dispute?

Alona M. Gottfried is a mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

One reason many people and businesses choose to mediate their disputes is because mediation promises confidentiality.  Confidentiality in mediation is protected by Arizona law (A.R.S. § 12-2238).  In addition, most mediators also require a separate Confidentiality Agreement signed by all participants in the mediation.

Why is confidentiality important?  In litigation, with few exceptions, anyone can attend trials, peruse the case file (pleadings and documents filed in the case) and access Court decisions.  For personal matters, like family law cases, parties often say disparaging things about each other, and most people would not like their family, friends, employers, co-workers and children (once they are old enough to obtain court records) to know about those accusations.  A business generally works hard to protect its reputation and image.  Lawsuits, public accusations and bad rulings can irreparably damage a business.  In short, most lawsuits include embarrassing or very private information.  Confidentiality is also important because it allows parties to a conflict to speak freely and make offers without worrying that their comments and offers will come back to haunt them later on.  The open communication facilitates resolution.

What is protected?  The confidentiality protection covers:  “[c]ommunications made, materials created for or used and acts occurring during a mediation…”  This means that a third party cannot access that information, and no one can admit that evidence in court.  There are exceptions to the confidentiality rule.  For one, the parties to a mediation can agree to a disclosure.  Disclosure may also be necessary pursuant to another statute or to enforce an agreement to mediate.  Threats of violence and violence are not protected.  A written and signed agreement reached in mediation can be used to enforce the agreement.  Parties can reach agreements in mediation further restricting the release of information.

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

Between 1990 and 2007, there has been an 85 percent increase in the number of cohabitating but unmarried couples.  U.S. Census Bureau. “America’s Families and Living Arrangements: 2007.”  When embarking on a cohabitation relationship, many people do not realize that they may later have legal battles over undefined rights and obligations.  Because the couples are not married, the property division laws that protect divorcing couples do not apply.
Almost half of American Academy of Matrimonial Lawyers (AAML) recently polled stated that they have noticed an increase in the amount of legal battles resulting from cohabitating couples.  AAML, February 2011. Battles can include rights regarding the division of houses purchased, as well as the division of other property and even pets acquired by the couple.  For example, it is not uncommon for both parties to contribute to the purchase and maintenance of a house that is in one party’s name.  Both parties expect to have equal rights to the home but, absent proof of an agreement, only one party may have a recognized legal right.

To prevent future conflict, some cohabitants are choosing to enter into binding Cohabitation Agreements, which are like prenuptial agreements for unmarried couples.  Parties can pre-determine the division of property and debts in the case that their relationship ends.  Cohabitants can even define their respective rights and obligations during the relationship.  The Agreement could also include terms of support, insurance and medical decisions.  Thirty-nine percent of AAML members who responded to a recent survey have seen an increase in these agreements during the timer period cohabitation numbers have increased.  Id.   Cohabitation Agreements, like prenuptial agreements, may seem “unromantic.”  However, by addressing issues in advance, cohabitants are intelligently avoiding conflict and potential litigation .
Cohabitants can mediate the terms of the Cohabitation Agreement.  Mediation allows parties to discuss potentially sensitive issues in a comfortable, confidential and neutral environment with the help of a mediator, trained in conflict resolution.  While the cohabitants should still take the agreement reached in mediation to independent lawyers to ensure that the agreement is fair and binding, by working through a mediator, they foster cooperation and the goal of working together toward the couple’s common future.
Alona M. Gottfried is a family law mediator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

This Article is the second part in a two part series describing in detail the Arizona divorce mediation process.  Please read Part One before reading this article. Link to Part 1

4.     During the mediation session, I also gather the information I need to draft the Petition for Dissolution package.  One of you will choose to be the Petitioner (the person who is the initial filer) and the other one will be the Respondent.  At the end of the session, you and/or your spouse pay me for the time used for the mediation ($250.00 per hour).  If you choose, you can also pay at this time for the drafting of the paperwork and the filing fees.  It generally takes two and a half hours for me to complete and administer all paperwork, and there is a onetime administrative fee of $50.00.  For the filing fees, you will provide checks made out to the Clerk of the Court – $321.00 for the Petitioner and $256.00 for the Respondent.

5. I will prepare and provide to both of you the Petition for Dissolution of Marriage and the supporting documents for your review and approval.  The Petitioner will sign the Petition and a Verification (verifying the information in the Petition is true to the best of your knowledge).  The Verification needs to be signed in front of a notary.  I have notaries available at my office.  I will then file the Petition with the Court with the filing fee.  When I get it back from the Court, I will provide to you and your spouse an Acceptance of Service for the Respondent to sign (this means that the Respondent agrees that he/she does not have to be served with the papers by a process server).  The Acceptance of Service also has to be signed in front of a notary.  When I receive the Acceptance of Service, I will file it with the Respondent’s filing fee.

6. Sixty days after the Acceptance of Service is signed, we can submit a Consent Decree of Dissolution of Marriage.  Sometime after a full agreement is reached and before the 60 days has run, I will give you a draft Decree to review, sign, and notarize.  If you have minor children, you will need to take a Parent Information Class and give me the certificate before submitting the Decree.  I will provide you information about this class.

7. There is no procedure in place to let the Court know parties are in mediation. Therefore, the Court will send any notices or orders to the participants, rather than to the mediator.  You will need to let me know if they receive anything from the court, so I can help address any issue.

8. Once I submit the Decree, the Court generally takes one to five weeks to sign the Decree.  The Court will mail the Decrees directly to both of you in envelopes I provide The date in the upper right hand corner of the Decree will be the date of your divorce.

I know the divorce process is confusing.  As a mediator, I try to make the process as easy and stress free as possible.  I am available to answer questions.

Alona M. Gottfried is a family law mediator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

I am a legal assistant for a law and mediation firm in Scottsdale Arizona, and I assist with family law matters.  I have had a front row seat to observe the benefits of mediation, and the effect that costly and contentious divorce litigation has on all parties involved.

With mediation, I see how happy our clients are with how quickly, inexpensively and amicably their divorce or other family law matter is completed.   The mediator helps the parties reach agreements in a comfortable and relaxed environment.  The mediator can prepare all of the documents for the parties, watch the deadlines and make sure everything is filed appropriately.

Litigated family law cases often turn into costly and destructive wars.  Battle lines are drawn at the onset of the matter as the parties prepare to fight.  Letters are exchanged, demands are made and costly hearings are held.  Sometimes litigation is necessary.  However, the possibility of getting a certain result at trial often does not justify the financial cost, emotional stress and the rancor that the court battle can cause the litigants.  This is especially true because most people (even those that do not get along) can sit down with a mediator and simply reach an agreement.

By enlisting the aid of a skilled neutral (a mediator), the parties can come together in a spirit of cooperation and resolve their issues in a much less combative way. An experienced mediator can adroitly guide the participants through the settlement process, utilizing the information shared by the parties and effective problem solving techniques to distill what are often emotionally charged disagreements into a thoughtful agreement. The mediator can skillfully redirect the parties when they may want to stray off course, saving the parties time, money and unnecessary stress.

Not all mediators are created equal.  It is best to find a mediator, like the mediators at Simmons & Gottfried, PLLC, who has the training and experience necessary to handle the complex and personal nature of a proceeding such as a divorce action. By carefully selecting an effective mediator, what may have started out as a fierce, resource-consuming battle will end in an amicable agreement that benefits all parties involved.   My firm offers complimentary consultations with the mediator.  Please feel free to call 480-998-1500 to set up an appointment.

Jon Jonson is a legal assistant to Alona M. Gottfried – a family law mediator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

Mediación es un método poderoso de resolver disputas que les permite a los participantes resolver un conflicto sin los gastos y dificultades  que el litigio puede traer. En mediación un mediador calificado usa técnicas comprobadas de resolución de conflicto para ayudar a las partes a encontrar soluciones  que sean óptimas para ambas partes. Mediación tiene muchos beneficios. Mediacion es:

• Ahorro de Tiempo. El litigio o pleito judicial puede durar un año o más.  Mediación puede llevarse un día o menos.
• Eficacia de costos. En casos de mucho litigio, no es inusual acumular miles de dolares por cada parte en honorarios de los abogados y de los expertos y los costos. Mediación cuesta substancialmente menos, y las partes generalmente comparten el costo.
• Amigable. Mientras que el litigio destruye relaciones y frecuentemente causa a los participantes gran estrés y trastorno en sus vidas. Mediación preserva las relaciones y aligera el estrés
• Flexible. Con Mediación los participantes están en control de las resoluciones, y los participantes tienen la flexibilidad de crear soluciones triunfantes  para ambas partes. Los juzgados están limitados en como deciden el caso y frecuentemente hay un triunfador y un perdedor.
• Certeza. Los litigantes siempre tienen el riesgo de perder en el juzgado. Ningún abogado puede garantizar un triunfo. Con Mediación, los participantes controlan el resultado,  y no tienen que jugarsela en el resultado al dejar su destino en manos de un juez o de un jurado
• Confidencial. Las juicios  y las decisiones de los juzgados  son material del registro público. Discusiones de acuerdos permanecen confidenciales, en algunas pocas excepciones.

Mediación esta rápidamente convirtiendose en una de las formas más populares de resolver conflictos. Negocios, familias e individuos utilizan mediación  porque simplemente es altamente exitosa. La Asociación  de Arbitraje Americana ha encontrado que mediación resulta en acuerdos o resoluciones en un 90 por ciento de las veces. Es dficil discutir con los resultados.

Ahora, Simmons & Gottfried, PLLC está  asociado con la traductora profesional Idalia M Sherman de  Morales-Sherman Languages (MoralesShermanLanguages.com) para ofrecer mediación a la comunidad hispanohablante. La Sra. Morales-Sherman estará presente a traves del proceso de mediación para proveer su especializado servicio de traducción.

Si usted está interesado en saber más acerca de Mediación en Arizona, con o sin traductor de Inglés-Español, por favor llame a Alona M Gottfired al 480-998-1500, o envie un correo electrónico a alona@sglawaz.com.

Alona M. Gottfried es mediadora y abogada en Arizona.  Este es un artículo de interés general solamente y no intenta ser un consejo legal. Vea a un profesional legal antes de hace decisiones legales.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

Mediation is a method of resolving disputes; it is an alternative to litigation.  Parties work with a mediator (a neutral professional trained in conflict resolution) to resolve all outstanding issues.  If you choose mediation in Arizona, you can still go to Court if you do not settle the matter.  Or, you can go to Court if you settle the matter, but the other party does not comply with the terms of the mediated agreement.  You do not give up your rights when you mediate in Arizona.

It makes good sense to try mediation before litigation because most mediations are successful, ending the need for litigation.  If you eradicate the need to litigate, you also eradicate the cost, risk, time and stress related to litigation.  Further, mediation offers more options to resolution as the parties are not limited to the constraints of the law in formatting an agreement.

You do not need to go to Court even if you cannot settle all issues.  Parties to a mediation can choose to have the mediator decide the contested issue in a process called Mediation-Arbitration, or Med-Arb.  Parties can agree to make the decision of the arbitrator binding, meaning it cannot be challenged in court.

Mediation does not halt a statute of limitations (the deadline by which an action has to be filed) or deadlines to file with administrative agencies, so potential litigants should be familiar with those deadlines.

Alona M. Gottfried is a mediator, arbitrator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

Simmons & Gottfried, PLLC

8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

While mediation benefits almost all people in conflict at almost any stage of the conflict, the following is a list of times when mediation in Scottsdale may be particularly helpful.

• The other party is unrealistic about his/her chances at trial. While a mediator will not proclaim who will win or lose or who is right or wrong (a mediator has to be neutral), the mediator can help parties get to reasonable positions by using guiding questions and other techniques.  These temperate strategies allow people to come to their own conclusions as to the strengths and weaknesses of their case and the pros and cons of litigating.  Therefore, people are more likely to embrace those conclusions.

• The other party is emotional. Mediation helps parties separate the emotion from the conflict.  Emotion often gets in the way of resolution, clouding the issues.  Conflicts are often really just business negotiations lost in the emotions of hurt feelings and indignation.  Trial is actually very emotionally unsatisfying for most parties.  In mediation, the emotional party has the opportunity to felt heard, which often allows them to put the conflict behind them.

• Trial and trial preparation will be expensive and time consuming. Trial and trial preparation is almost always expensive and time consuming, not to mention stressful.  Mediation allows parties to resolve conflicts quickly and inexpensively.  Mediation works most of the time.

• The trial is set too far off. The wheels of justice turn slow.  Courts are busy.  Some conflicts just can’t wait the months or years for a trial.  Mediators can often schedule mediations within one or two weeks. 

• Confidentiality will benefit the parties. Unless sealed, all filings with the Court are available to the public, and anyone can observe most trials.  Even if a party is not a public figure or a professional, most people do not want private or embarrassing facts that sometimes come out during litigation to be public.  Mediation offers the confidentiality that many people seek in conflict resolution.

Alona M. Gottfried is mediator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260