There are so many reasons to mediate your dispute, rather than litigate it. Below are the reasons environmentally aware people would want to mediate:

Mediation vs. Litigation

1. You will save trees.  Litigation often requires a lot of paper.  I have had litigated cases that take up four banker boxes or more of papers.  What is written on all of these pages?  There are: 

a. Motions, responses to motions and replies to motions.  During litigation, the parties can file motions requesting such things as: sanctions, temporary orders, orders compelling compliance with orders, orders for experts and orders to limit evidence at trial. 

b. Letters between counsel or parties.  Some cases seem to require an exchange of correspondence almost every week.  In letters, attorneys or parties make accusations, seek documents or information or exchange proposals.

c. Documents, documents, documents.  To win a case, one generally needs proof in the form of written documentation.  Litigants often have to subpoena records and scour their own records to find documents.  A litigant has a duty to exchange relevant documents with the other side.  It is common practice to make a copy of all relevant documents for the other party or parties.  Further, a litigant has to make another copy to mark as exhibits for trial and another copy to provide to the Judge.  There are literally thousands of pages that get exchanged in many cases. 

With mediation, there is very little paper used.  Mediation facilitates the prompt and easy exchange of information and settlement offers because the parties are in close proximity (the same room or office) and are choosing to work together amicably toward a resolution.    Because mediation allows for the prompt resolution of a matter, there is not even time to amass that kind of waste of paper.

2. You will reduce your gas usage.  With mediation, the matter can often be finalized in one or two sessions.  By contrast, litigants often have to drive to and from court multiple times – for status conferences, hearings and trial.  Litigants also have to travel to and from their lawyers’ offices and sometimes their experts’ offices as well.

To limit your carbon footprint (and limit your stress, cost and risk), mediation is the smart choice.

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.

Mediation works best when both parties come in with the right mindset.  The mediator will guide you in this process, but there are things you can do that will help make your mediation successful:

1. Be respectful. It makes the mediation a lot more pleasant, and it facilitates open communication that is more likely to result in settlement.  Mediation works when both parties are willing to listen and understand the other’s interests and needs.
2. Be reasonable. Make and consider offers that are reasonable.  Taking extreme or unreasonable positions, or positions intended just to incite the other person, is counterproductive.

3. Be settlement-oriented in your speech. Communicate what you want without making accusations.  Acrimonious speech and conduct (including body language) can delay or prevent settlement.  It is in your interest to say things in a manner that will convince the other person that what you want is reasonable and mutually beneficial.
4. Be prepared. If you know certain information is necessary before you can settle, try to obtain that information before the mediation.
5. Be flexible and forward thinking. Be willing to explore new ideas, and leave past conflicts behind you.
6. Be generous. A little generosity goes a long way, and it encourages the same behavior in others.  Look for consensus wherever you may find it.  If an apology will help the other person move forward, consider giving it.
7. Be positive and patient. Mediations are usually successful.  However, settlement often requires hard work, a positive outlook and time.

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.

What Do You Do If You Are Mediating Your Arizona Divorce , But You Think That Your Spouse May Have  Hidden Assets?

Some parties to a divorce think that the other party has hidden assets.  It is true that people can, and undoubtedly have, successfully hidden assets before, whether involved in a litigated or mediated case.  Mediation can address complex issues, like hidden assets.

At times, it is just a lack of information about the family finances that renders parties suspicious.  An open discussion and a review of documentation in mediation often makes a difference.

Some ways to address the situation in mediation include:
•    Listing assets.  To ensure transparency, the mediator generally requires both parties to list all of the assets before the mediation begins.  That list includes real property, financial accounts, vehicles, retirement accounts and businesses.   The parties exchange this information.

•    Requesting documentation from the other person.    Once both parties know what assets exist, they can look at bank records and other financial records to understand the situation.

•    Retaining an expert to review the financial records.  A financial expert can help determine if there are hidden assets.  Especially where the finances are complex, there is nothing wrong with involving an expert in the mediation process to assist.  The mediator can generally refer the parties to financial professionals.

•    Adding an avowal in the binding mediated agreement from the other party that there are no other assets than those disclosed.     Such avowals often give the questioning party some sense of security that they are not leaving property on the table.

•    Adding a clause in the mediated agreement that addresses assets found after the divorce.  For example, if a hidden asset is discovered, the parties can agree that it will belong to the other party, in whole or in part.  The parties can also agree that the other party has to pay any mediation or attorney’s fees and costs related to mediation or litigation regarding any assets discovered after the divorce.

Simmons & Gottfried, PLLC.
3977 N. 7th Street, Suite 340
Phoenix, AZ  85014

When couples accrue property during the Arizona marriage in any way other than gift or inheritance(community property), they need an effective manner to divide that property during the divorce.   Arizona law requires an “equitable” (near equal) division of community property.  However, the Court generally sanctions any reasonable division, and mediation gives the parties more of an opportunity to get creative in the division.  Further, mediation offers a calm and amicable environment to discuss these complex issues.   In mediation, both parties make a list of all of the assets, and the parties discuss an agreeable division of all property with the assistance of the mediator.

Real Property.  The parties generally decide to either sell the house, allow it to go into foreclosure (an increasingly popular option), or allow one party to keep the house.  When one party keeps the house, that party usually arranges to refinance the house within a specific period of time.  Where there is equity in the house, the equity can be divided through cash, or by giving the other party more of the remaining property.   Within the mediation process, the parties can agree to an appraisal to properly determine the value of the house.  Appraisals can also be used to determine the value of other property.

Vehicles.  Parties tend to keep the vehicle that he/she traditionally drove.  Sometimes, one vehicle is worth more than the other, and there can be an offset or a payout to equalize the values.  Parties can get bluebook values for their vehicles at: www.kbb.com.  In some cases, the parties have to agree to cooperate to transfer title or refinance the loan on the vehicle.

Retirement Accounts.  If the parties do not have retirement accounts of near equal value, they generally retain a pension attorney to draft and submit a Qualified Domestic Relations Order (QDRO).  This Order allows the financial institutions to divide the community’s portion of the account without penalties and without creating a taxable event.  The parties select a pension attorney in mediation, and they also address how the pension attorney’s fees will be paid.
Financial Accounts.  Parties discuss in mediation how to divide accounts in an equitable manner.  The parties generally also discuss which accounts to close.
Businesses.  If the business is a community business, the parties can either continue to jointly own the business, or one party can buy the other party out.  If the parties cannot agree to a value for the business, the parties can jointly select a business appraiser to provide an estimated value.

Personal property.  There are different techniques for dividing furniture, electronic equipment, etc. accrued during the marriage.  For example, one party can divide all of the property into two lists and let the other party decide which list he/she wants.  Another technique is to simply go down a master list and take turns picking items.  The mediator can regulate the process and ensure that it is as pleasant as possible.

Separate assets.  There are situations where a party will have an interest in the other party’s separate assets (assets received prior to marriage or through gift or inheritance).  These issues can also be resolved in mediation.

Simmons & Gottfried, PLLC.
3977 N. 7th Street, Suite 340
Phoenix, AZ  85014

Generally there are  three types of mediation.  These would include Evaluative, Facilitative and Transformative Mediation.

What is Evaluative Mediation?

Evaluative mediation is a process that is based on using settlement conferences that are run by judges.  Attorneys will normally work with the court to select the mediator and are active participants in the mediation process.  Typically the parties are most often present at the mediation however the mediator may meet with the attorneys alone as well as with the parties and their attorneys together.  The role of the evaluative mediator is to evaluate the case and to point out the strength and or weaknesses of the case.  They will also try to predict what a judge or jury would be most likely to decide.  An Evaluative Mediator may make recommendations to the parties regarding getting the issue resolved.

What is Transformative Mediation?

Transformative mediation is probably one of the newest forms of mediation.  Its goal is is to transform the relationship that exists between the parties during the mediation.  In transformative mediation, the parties structure both the process and the outcomes of the mediation.  The role of the mediator is to follow the parties lead.

What is Facilitative Mediation?

Facilitative mediation came along during the time of volunteers who handled dispute resolutions.  Typically the volunteer did not need to have expertise concerning the are of the dispute in question.  Most often in this type of mediation, no attorney was present.  It is up to the mediator to structure a process to assist the parties in reaching a resolution.  The mediator does not make recommendations and leaves it up to the parties to work out the details.  Attorneys can be present but it is most desired that the parties have most of the input.

If you are considering hiring a mediator in the metro Phoenix Arizona area to settle a dispute or divorce please feel free to contact Alona M. Gottfried at 480-998-1500.

Simmons & Gottfried, PLLC.

3977 N. 7th Street, Suite 340

Phoenix, AZ  85014

You have decided that mediation is the best route to resolve your dispute.  Now what?  All parties to a dispute must agree to mediate, as it is a voluntary process.  Therefore, your goal is now to convince the other party or parties that mediation is in their best interests as well.  The easiest way to do this is to print out information for the other party about the benefits of mediation, or simply direct the party to AZMediator.com.  This writer offers free mediation consultations that both parties can attend together or separately.  At the consultation, the parties and mediator will discuss the goals and process of mediation, and the mediatior will answer any questions.  The parties can set a date for the mediation at the time of the consultation.

If the other party is resistent to mediation, you may want to use some variation of the following script:  I would like to resolve our disagreement in a manner that is time efficient, cost effective and positive.  I have researched mediation on line, and I believe it will provide us both with what we need.  A neutral, skilled party will sit with us and help us reach an agreement.  We can commit our agreements to writing, and it can be binding, just like in Court.  Most mediations are successful, so we have nothing to lose  and everything to gain.  Will you attend a free mediation consultation with me, or review the information provided at AZMediator.com?

In some circumstances, the mediator may contact the other party or parties for you to attempt to garner their interest in mediation.  For more information about mediation or how to discuss mediation with others,  you may call this writer at 480-998-1500.

Alona M. Gottfried is a mediator and attorney at Simmons & Gottfried, PLLC.  This Post is not intended to be legal advice.  Please consult with your legal professional before making legal decisions.

Mediation is very different from the adversarial process of arbitration and litigation.

What is Litigation?

Litigation is probably the best known form of getting a dispute resolved and probably one of the most expensive as well.  Litigation can have considerable drawbacks which include the expense, time and uncertainty over the outcome.  Mediation typically is faster, less expensive gation, arizona mediator, arizona mediation, phoenix mediation, phoenix mediator, mediator phoenix, mediation phoenixand involves both parties reaching an agreement versus being handed an agreement from the court.

What is Arbitration?

Arbitration is similar to litigation, although most would concur that it is a stripped down version of litigation.  In Arbitration there is a neutral third party that sits in judgement and can make decisions with some discretion.  It is similar to litigation in that a case can be won or lost depending on how well an individual performs under oath or while presenting their case to an arbitrator.  The similarity to litigation is that there is still uncertainty as to how the case will end up.  The arbitrator can render their decision that may not be agreeable to either party.

What is Mediation?

The goal of mediation is to assist parties in reaching their own resolution.  The mediator does not judge guilt or innocence or render a decision. In the mediation process, a neutral third party uses skills and techniques to assist parties in reaching a voluntary and negotiated settlement to their dispute.  In the process, the parties will have the opportunity to clean up any misunderstandings, vent, identify issues and concerns and ultimately find an acceptable agreement to the problem. Only the parties in the mediation can decide on a resolution.  The resulting benefit is the parties feel more content with the resolution and avoid the emotional and financial toll that can be experienced during litigation.

If you have a dispute to settle in Arizona you may wish to have a conversation with a mediator first to see if this would be an option to resolve your dispute.