The Boy Scout’s motto – Be Prepared – applies to mediation in Phoenix AZ.   Below are four ideas of how you can prepare yourself for a successful mediation.

1.     Understand what is not worth fighting about. Before refusing to bend on an issue, ask yourself:  Is this an issue really worth fighting about, or is it something I am willing to concede to get some other benefit?  Some people spend thousands of dollars fighting over an issue worth fifty dollars.  If the issue is not worth thousands (or tens of thousands) of dollars of trial preparation.  If it is not, be willing to give. Do not let ego or stubbornness prevent you from reaching a good settlement.  Keep your eye on the prize: the resolution of your conflict, so you can move forward in your life without the risk, cost and suffering involved in litigation.

2.     Know your risks and your risk tolerance. Before you mediate, you should have some understanding of what your life may look like if you do not settle.  What are the costs involved if I do not settle?  What are my chances of success?  What happens if I lose at trial?  Am I okay with risking a bad outcome?

3.     Know the issues in dispute. If you are going to be dividing assets, educate yourself on an approximate value of those assets.  Mediators cannot give legal or accounting advice, so if you have those kinds of questions, get them answered.  If you do not know how to get the answer to your questions, the parties and the mediator can address methods of obtaining knowledge in mediation.  For example, the parties may choose to jointly hire an appraiser to value a business, a home or a piece of art.  If only one party has necessary information, that information can be shared through the mediation process.

4.     Keep your emotions in check. Conflict can make us all crazy.  However, if your goal is to settle a dispute, rather than to, say, seek vengeance, do your best to keep a clear mind.  Treat mediation as a business negotiation, and rely on your loved ones to help address the pain you are undoubtedly feeling.

Mediation in AZ Part 2

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

Mediation and arbitration are both methods to resolve disputes out of court.  However, the similarities end there.  In arbitration, the proceeding is governed by an arbitrator who hears testimony and otherwise reviews evidence, like a trial.  The arbitrator then makes a decision as to which party prevails.

By contrast, in mediation, a mediator oversees the process, but he/she does not take evidence or make a ruling.  Instead, a mediator, using conflict resolution skills, helps parties reach their own agreements.  The resulting agreements are binding, if the parties want them to be.   While mediation may seem, by its description, to be a haphazard process, in fact, it is highly successful.  The American Arbitration Association has found that mediation results in settlement over 85 percent of the time.  Skilled mediators help people determine their true interests and then make realistic offers.  In addition, because the process involves communication and does not render one party a “winner” and one party a “loser,” mediation often allows parties in conflict to salvage their relationships.  Mediation is also a more relaxed process and, consequently, less stressful.   One may mediate at any point; one need not collect evidence or retain attorneys prior to initiating mediation.

Some people combine the process in what is called “Med-Arb.”  That means the parties start mediating a dispute and then switch to arbitration (using the mediator as an arbitrator) if they are unable to reach an agreement.

Before deciding what process is best for you, it is wise to talk to a mediator, an arbitrator and/or an attorney. 

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation, she can be reached at: 480-998-1500.  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