The Census Bureau has reported that people over the age of 85 now represent one of the fastest-growing segments of the population in America. As they age, the elderly (along with their families) face increasingly complicated and difficult decisions regarding continuing care, estate planning and end of life medical decisions. Rising health and continuing care costs have only served to increase the pressure placed on families during this time of transition.

These factors have led to an increase in the demand for experienced mediators in this field. Utilizing a skilled neutral in this situation can greatly assist families as they tackle issues that are often emotionally charged. There are many factors that can influence a family as they attempt to amicably and peacefully resolve potential conflicts, including sibling rivalry, hurt feelings from the past and discomfort or embarrassment discussing certain topics. Too often these factors can distract the parties, leading to expensive and unnecessary litigation.   A mediator can deftly avoid the communication pitfalls that affect so many families.

A mediator’s problem solving and communication skills can even lead to a strengthening of the family bond during this difficult time. By ensuring that the process is thoughtful and calm, families will be better equipped to handle the realities of the changing needs of their loved ones.

As with any mediation proceeding, choosing an experienced and skilled mediator is an essential element to ensuring a successful outcome. The large number of possible participants in elder care mediations opens up myriad possibilities for conflict, as it is common for family members to have divergent and deeply entrenched values or opinions. A well-trained mediator recognizes this dynamic and utilizes effective problem solving techniques to ensure that the process does not become sidetracked or unnecessarily impeded.  These techniques foster a spirit of cooperation between the participants, leading to cohesive decision making while avoiding the costs involved with court proceedings.

Simmons & Gottfried is a law and mediation firm in Arizona.  If you have questions about mediation, please call: 480-998-1500 or alona(at)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

An Arizona divorce is considered uncontested when one of two situations exists:

1. One party files for divorce, and the other party does participate in the process.  The divorce then proceeds by default, meaning the filing party goes to a default hearing, and the Court awards a divorce without the second party’s participation; or
2. The parties wish to both participate in determining the terms of the divorce, but they do not want to fight in Court.

With Situation 2, there are still a number of ways to go about getting a divorce.  For example, if the parties are fully in agreement, they can simply jointly fill out forms located at the Maricopa County Superior Court website.     The parties can also both “lawyer up” and pay attorneys to work out the terms.

However, where the parties can use some (or a lot of) assistance reaching agreements, and/or figuring out what terms to include in the final papers, a smart option is mediation.

Mediation is a process where a neutral third party helps parties reach and memorialize agreements.  The mediator is not like a judge, who decides which party “wins.”  Rather, the mediator uses conflict resolution skills to help the mediation participants determine what orders are best for both of them.

Mediation, unlike litigation, is an amicable process, which is completed quickly and generally for much less money.  It is also confidential, less stressful and less uncertain than litigation (if you go to Court, the judge could rule contrary to one or both parties’ wishes).  Mediation allows parties to end their marriage (or other family law dispute) in a respectful and powerful way.

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, she can be reached at: 480-998-1500 or alona(at)sglawaz.com.  You can also visit:  www.azmediator.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
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

Where people interact, conflict is inevitable.  A recent study has found that poorly managed conflicts cost companies substantial money and time.  CPP Global Capital Report, July 2008 “Workplace Conflict and How Businesses Can Harness it to Thrive.” The average company spends 2.1 hours a week dealing with conflict, which translates to 385 million working days in the United States lost due to conflict in the workplace.  Id.

Conflict can arise from any number of situations.  Employees participating in the CPP study state the primary causes of workplace conflict to be “personality clashes and warring egos (49%), followed by stress (34%) and heavy workloads (33%).”

Conflict hurts business.  CPP found that almost one in ten employees report that conflict results in project failure and 25 percent report it results in sickness or absence.  Id. It is further reported that:  “one in five employees (18%) say that people have left the organization because of conflict, 16% say that people were fired and one in ten (9%) even attri­bute a project failure to disagreements between those involved.”  Id. Also:  “Over half of employees (57%) have left a conflict situation with negative feelings, most commonly de-motivation, anger and frustration.”  The business pays for conflict in lost productivity, lost clients and turn over costs.  Id.

What should an employer do when its employees have conflict?  One smart option is to utilize a mediator.  In mediation, both parties will have a chance to express their concerns in a safe, confidential environment.  They will feel validated.  The mediator, a neutral party, will use conflict resolution skills to help the parties resolve the conflict.  Mediation focuses on saving and building relationships, so the employees can begin to work together in a productive manner.  A mediator can be put on contract to be available on an as needed basis.

A second and not mutually exclusive option is to use a conflict resolution trainer to train employees to positively resolve conflicts.  Only 57 percent of American companies have had any conflict resolution training, which explains the statistics above.  Id. Classes can be anywhere for a couple hours in length to a couple of days.  Even limiting training to management will likely lower the costs of conflict.

Studies show that using a mediator or a conflict resolution trainer lowers the costs associated with conflict.  Well-managed conflict can actually result in employees feeling that something positive came from the conflict. Id. Companies must have a strategy for conflict resolution, or it should expect a negative impact to its bottom line.

Alona M. Gottfried is a mediator, conflict resolution trainer and attorney in Arizona.  If you have questions about mediation or conflict resolution training, she can be reached at: 480-998-1500 or alona(at)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
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

Joint Custody Agreements may have to be modified from time to time.  This may be because the children are getting older and have different needs.  It could also be that one or both of the parents’ schedules or residences have changed.  Sometimes a change to the plan is necessary because a parent is not parenting responsibly.

Most Joint Custody Agreements anticipate the need for modification and build in a requirement that the parties must meet every year or two years to discuss changes.  Many Agreements also require that the parties meet with a mediator or Court conciliator before proceeding to Court for a modification action.

Even if one’s Joint Custody Agreement does not include a mediation provision, it may be wise for parents to meet with a mediator to resolve disputes or potential disputes.  A mediator is a neutral person who uses conflict resolution skills to help parties reach amicable agreements.  Mediators can help parties address issues confidentially, quickly and inexpensively.  As most parents’ primary focus is their children, they are not anxious to spend a lot of money or experience a lot of stress related to a Court action.

In some circumstances, mediation may be necessary because a Court action is not allowed or advisable.  Actions to modify custody cannot be initiated within a year of a custody order, absent special circumstances.  Even after a year, the Courts have strict standards of what one must prove to obtain a hearing.  Actions to modify parental access cannot be initiated without a substantial and continuing change of circumstances.   Further, for parental access modification actions, Arizona Rules of Family Law Procedure 91(F)(1)(a) requires that the filing parent certify “whether the underlying parenting time or visitation order or agreement contains a provision requiring the parties to pursue mediation or other alternative dispute resolution process prior to requesting the court to modify or clarify the order or agreement…”   Because the Court recognizes the benefits of mediation, it has the authority to require mediation prior to hearing issues of custody or parenting time, even if it is not required by a Parenting Plan.  Arizona Rules of Family Law Procedure 91(O).

Whether mediation is required or not, it is the sensible alternative to litigation.

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
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

If you have custody orders through the Arizona courts, you cannot move with the common children out of state, or even over 100 miles in state, absent an agreement or a Court Order.

If the other parent contests the move, pursuant to Arizona law (A.R.S. § 25-408), the Court will determine whether the relocation is in the best interests of the child or children.  It is the burden of the party requesting the relocation to prove that the move is in the children’s best interests.  Some of the factors considered are:

• Who has been the primary caretaker
• Whether the request to relocate is being made or opposed in good faith
• Whether the non-moving parent will have a “realistic opportunity” for parenting time
• The likelihood the moving parent will comply with parenting orders
• The anticipated impact of the move on the child’s stability, emotional, physical and developmental needs, and quality of life (as well as the moving parent’s quality of life).

Even if the other parent agrees in theory to a move, parents still have to agree on a long distance access schedule and possibly a change in child support.

Therefore, if you are considering relocating with common children, mediation may be the best first step.  Mediation is a conflicting-avoidance method to resolve disputes.  The mediator, a neutral party, will help parties reach agreements using conflict resolution skills.  If the parties reach agreements, the mediator can help the parties create a binding agreement, which the parties can then use to submit appropriate documentation to the Court.  Mediation is usually much less expensive, time consuming and stressful than litigation.  Further, mediation offers certainty, whereas going to Court presents a risk of losing to both parties.

Please note that there are very specific requirements on how and when to give notice to the other parent that you want to move, as set forth in A.R.S. § 25-408, which this article does not cover.

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, 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.

In Arizona, the Courts are required to determine whether parents are to have joint custody or sole custody when the parents file for an Arizona divorce or file a paternity action (where the parents were never married).  The Court also has to make these determinations when a parent has asked the Court to modify the custody or parenting time orders.

Joint custody in Arizona means that the parents jointly make important decisions about such things as education, health and religion.  Sole custody means one parent makes these decisions on his/her own.  Parental access (how much each parent sees the children) is a different matter.  However, both the custody and the parental access orders have to be based on what is in the best interests of the children.

The Court looks at a number of factors in determining the best interests of the children.  The law (A.R.S. § 25-403) sets forth some of those factors.  They include:

*The wishes of the children and the parents

*Which parent has been the primary caretaker
*Which parent is more likely to allow “frequent and meaningful”
contact with the other parent
*The health (mental and physical) of all involved

The Court also has certain restrictions on awarding joint custody where there has been domestic violence and some drug related convictions.

Parents are encouraged to reach their own agreement through mediations for custody and parental access.  After all, who knows what is in the best interest of children better than their parents?  Further, parents who work together in crafting a custody and access plan generally create a framework for co-parenting that allows their children to have happier, calmer and more secure childhoods.  Battling parents, by contrast, often create problems for their children that last well into their children’s adulthood.

A great way to fashion a custody and access plan is through mediation.  Whereas litigation tends to make parents more adversarial and angry, mediation is a process that encourages a positive co-parenting relationship.  In mediation, a mediator, who is neutral, helps the parents reach agreements and jointly determine what is best for their children.   The parents can then simply submit their proposal to the Court, which almost always approves such agreements.  Everybody wins; especially the children.

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, 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
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260
Phone: 480-998-1500
Fax:   480-998-6074

We have all heard the horror stories of divorce actions – the friend who had to pay an attorney tens of thousands of dollars for representation; the neighbor whose family law litigation lasted over a year; or the family member who went to trial and got an unfair ruling.
The fact is that, when you go the Court, you are risking the possibility that you will have to pay an attorney a lot of money, that you may have to litigate a case for many months and that you may lose vitally important issues that impact the welfare of your children or your financial future.  Sometimes the Judge just does not agree with your position, or does not feel that you adequately proved your case.  Further, while Judges do the best they can, they are human and occasionally make mistakes.  When a trial does not go in your favor, you may even have to pay a portion of your spouse’s attorney’s fees and costs.
One way to control the outcome of your case, as well as minimize the cost and the time commitment of litigation, is to mediate your dispute.  With court mediation in Arizona , you and the other parent, with the assistance of a mediator, draft your own orders, for the Court’s approval.  Courts generally approve mediated agreements.  A mediator will help you and your spouse define the issues, and work on solutions to which both parties agree.  Mediation can generally be complete in one to three days, so even a divorce action can take less than three months (the Court will not enter a Decree of Dissolution or Legal Separation less than 60 days after the date the Petition for Dissolution is served).  With a successful mediation, no one has to actually appear in Court.  Most mediations are successful, so mediation is generally worth the effort, whether you are going through a divorce, a paternity action, a post-decree modification action or just about any other family law matter.  When issues in dispute are not worth the gamble of litigation, mediation is a good choice.

Thankyou for visiting the Arizona Family Mediation website by Alona M. Gottfried, ESQ.  Should you have any interest in particpating in a mediation in Arizona please feel free to contact me.

This article is of general interest and not legal advice about family law or mediation.  Should you need or require legal advice, seek out the services of a professional or attorney.

Simmons & Gottfried, PLLC
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

If your relationship is ending in Arizona and you have natural or adopted children, you likely need Court Orders addressing your children.  When you are ending a marriage, the legal action is called a dissolution of marriage (or divorce).   When you are not married, but have children, the legal action is called a paternity action.   In either case, you will need orders regarding child custody, a parenting (or visitation) plan,  Arizona child support and the division of medical expenses and tax dependency exemptions.
As with all other family law issues, you can mediate and amicably agree on these matters, rather than going to trial and letting a judge decide.  While the judge will do his or her best to enter appropriate orders, it is almost always optimal for parents, who actually know their children, to work together on arrangements that are in the children’s best interests.  Parents are going to have to work together for many years on their children’s behalf, and it is wise to create a cooperative relationship right away through mediation.
The mediator will help parents create an open dialogue and explore what arrangements will best meet the parents’ concerns and interests.  For example, the parties may decide that it is best for one parent to be the primary parent during the school year and the other parent to be the primary caretaker during the summer, weekends and vacations.  The parents could also divide the days of the week, considering the ages and specific needs of the children.   If one parent is concerned about the other parent’s behavior, the parties can create orders addressing those concerns through mediation.  For example, the parties could agree to orders limiting alcohol use or exposure to new romantic partners.  Generally, mediation allows parents to be more flexible and directly address their children’s specific needs.  Even if the parents are not getting along, a mediator can help them reach agreements.  Agreements can even be reached while the parents sit in separate rooms during the mediation.  The mediator will just go back and forth between the rooms, working with each parent towards a resolution.
Parents will likely do best with a mediator who is experienced in family law, and is therefore better able to help the parties generate ideas to resolve all of the child-related issues (as well as the other issues).  At the end of the mediation, the goal is to have a written, binding agreement that the parties can then use to fashion a proposed order or decree to submit to the Court.  In that case, the parents will have successfully resolved their dispute without having set foot in a courtroom.

Alona M. Gottfried is a mediator and an attorney with over 13 years experience in family.  This article is intended for general information and should not be considered legal advice.

Simmons & Gottfried, PLLC
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260
Phone: 480-998-1500
Fax:   480-998-6074

Arizonans who want a Arizona divorce need to file a  “dissolution of marriage” proceeding in the State’s Superior Court.  Arizona is a no fault divorce state.  This means that a party does not have to allege wrongdoing to obtain a divorce.  The Court need only find that the marriage is “irretrievably broken with no reasonable prospect of reconciliation” to grant a divorce.  That means that there is no reasonable chance that the marriage will be able to survive.  Only one party has to ask for the divorce to obtain it.  The Arizona Court does offer free counseling for people who want to try to save the marriage.

The Court will ask if the parties have a covenant marriage in Arizona.  That means that the parties engaged in a special agreement that they will not get a divorce except under certain circumstances.

One party must be a resident of Arizona for a minimum of 90 days before one can file divorce papers.  A divorce is formally initiated  when one spouse files a “petition for dissolution of marriage” with the Superior Court .   The issues the Court will resolve, where applicable, are:  division of property, division of debts, child custody and access, child support, spousal maintenance, and attorney’s fees and costs.  The Court can also restore a maiden name.

If both spouses are in agreement on all issues, the divorce can be completed without going to court.  If not, parties  may need to consider other legal options to complete a divorce.

Mediation for an Arizona Divorce

Where there are unresolved issues, parties should consider family mediation to get the divorce finalized.  Many people living in the state of Arizona don’t realize that Mediation is even an option.  Most people think that they have to hire a lawyer to get divorced.  This is not accurate.  A growing number of Arizonans look to Mediation to get a divorce finalized.  It is not only less expensive but, time effeciant and less stressful.  Mediation can be completed in days rather than months or even a year that traditional litigation would require.  In Mediation, parties agree to the terms rather than have a judge make a decision.  The statistics show that when consensus agreements are reached, parties are more likely to follow them.

If you want to speak with a mediator that handles family law issues as a first step in completing your divorce, our office would be happy to speak with you.

This article is not intended as legal advice.  It is for general information only.  Consult with a legal professional before making legal decisions.

Simmons & Gottfried, PLLC
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

One of the benefits of Arizona mediation is that the documents, communications and acts in mediation are confidential.  Mediation confidentiality is protected by Arizona law.  The applicable law is located at Arizona Revised Statute section § 12-2238.  Further, all participants in a mediation sign a confidentiality agreement, thereby contractually binding themselves to maintain confidentiality.  There are a few exceptions to the confidentiality rule, such as where the parties agree to the disclosure or where there is threatened or actual violence.

By contrast, lawsuits are a matter of public record.  Anyone can access any document filed in the Court.  Court documents can include private financial information and embarrassing allegations.  Some Court documents are even accessible on the internet.  Only in limited circumstances can parties seal documents, thereby keeping those particular documents from the public eye.  Businesses, high profile litigants and average people involved in unusual cases are more likely to garner unwanted media attention and public scrutiny when they litigate their disputes. Businesses may lose clientele when involved in a public lawsuit, especially when the company publically loses a lawsuit.

Confidentiality is important to the mediation process because it allows participants to feel comfortable in making settlement offers.  Few people would concede anything if they knew the other participant could reveal the concessions in Court or to other people not involved in the mediation.
Businesses are sometimes reluctant to settle cases because they think if people learn about the settlement, it will bring more litigants out of the woodworks.   Companies fear that they will gain a reputation for settlement and more people will be looking to get the same result.  With mediation, no one knows the resolution, unless both parties want that information made public.  In some situations, where the parties want Court Orders, like family law cases, the parties disclose the final agreements to the Court.

Mediation offers peoples and companies in conflict a comfortable environment to explore resolution privately.

For more information about mediation, please call 480-998-1500.  The information contained on this article is designed to be of general interest and should not be considered legal advice.

Simmons & Gottfried, PLLC
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260