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.

Collaborative divorce in Arizona is a more peaceful method of resolving your divorce (and other family law matters).  In collaborative divorce, the parties agreed to forgo litigation and the acrimony that comes with it.  Both parties still have attorneys, but they are attorneys who are trained in the collaborative practice who work with other team members to help the parties resolve their disputes.  The team members include:

•    A coach for each party.  A coach supports the party and helps with communication and co-parenting skills.  A coach also assists the party in determining their priorities for resolution.
•    A joint financial specialist, who helps generate solutions regarding financial issues.
•    A child specialist (if the parties have children), who helps determine the best interests of the children.
The parties enter a formal agreement to not litigate the case.  If a party changes his/her mind and wants to proceed with traditional litigation, he/she can.  However, he/she cannot use anyone from the team in litigation, including his/her attorney.   Issues are resolved through group meetings.  At the end, one of the attorneys drafts the Decree of Dissolution of Marriage for the other’s review, and the Decree gets submitted to the Court without either party having to actually go to court.
There are many benefits to collaborative divorce.  For example:

•    You will be able to participate extensively in your own divorce.  You have a strong voice and the final word in the outcome of your divorce.  In traditional litigation, while you may testify, a lawyer generally talks for you, and a judge decides what is going to happen to your children and your assets.
•    It is generally less expensive than traditional litigation.  There is no litigation preparation, trials or angry letters and phone calls between attorneys.
•    It generally takes less time than litigation, because you hold meetings on your timetable.
•    It is generally less stressful –no one is attacking you, and you do not have to testify.
•    You learn to work with your soon to be former spouse, which is in the children’s best interests.  You are going to be co-parents for the rest of your lives, and it is best to form a cooperative relationship at the beginning.
•    Your children’s best interests are considered, through the aid of the child specialist.  In traditional litigation, unless the child is interviewed or a custody evaluation is undertaken, the Court will not have unbiased information about your children’s needs.
If you and your spouse want to cooperate to have a fair and peaceful resolution to your marriage, and if you want a team of professionals to guide and support you, then collaborative divorce may be for you.
Alona M. Gottfried is a collaborative attorney and mediator in Arizona.  If you have questions about collaborative divorce, 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.

There are options other than slugging it out in court if you are getting a divorce in Arizona.   Some other options include Mediation and Collaborative Divorce.  This article will only focus on the Collaborative option for getting divorced.  With Collaborative Divorce, the main focus is to settle all issue of a divorce (such as custody, child support, spousal maintenance and the division of property and debts) collaboratively and without going to court. The concept is to work together as a team to reach an agreement.  Litigation is not only expensive, but it can be very stressful.  Collaborative Divorce  is an option that you may wish to consider.  Collaborative Practice is a reasonable approach to divorce based on three principles:

•    A pledge not to go to court.

•    An honest exchange of information by both spouses

•    A solution that takes into account the highest priorities of both spouses and their children

The Collaborative Divorce model, a form of alternative dispute resolution, emerged in response to the psychological, financial and family system devastation, which often results from traditional family law litigation. The Collaborative Divorce model relies upon an interdisciplinary team of professionals whose integrated services educate, guide and support the divorcing couple in crafting an equitable and just resolution without threat of or resort to litigation. At the beginning of a case, both parties and all professionals on the team sign a Participation Agreement, stating that all team members will withdraw from the matter in the event that either party terminates the Collaborative process by opting for litigation.  Collaborative Divorce can only work if both sides are willing to participate in the process.  You and your spouse can gain more information through various sources on the internet and Collaborative Divorce Practitioners.

Alona M. Gottfried is a member of the Collaborative Divorce Professionals of Arizona.

Arizona Mediation – An Alternative To Litigating Your Divorce

Everyone has heard about the nightmares associated with divorce litigation:

huge attorney and expert fees, aggressive letters from the opposing attorney, and endless requests for documents and information about your private life that you must provide.  At the end of it all, usually one or both parties are not wholly satisfied with how the Court has ruled. Mediation is an alternative to divorce litigation.   This article describes the basic process for divorce mediation in Arizona. When the parties do not have attorneys, the process is generally as follows:

First, both parties must agree to use mediation.  To reach the decision of whether mediation is right for you and your spouse, it is useful to take advantage of the free consultation often offered by the mediator.  While each party can meet separately with the mediator, this meeting is most effective when both parties meet with the mediator at the same time.  Doing this helps both parties see that the mediator is neutral and does not favor either party.  The parties can review additional information about mediation at AZmediator.com.

The mediation process is different if the parties have attorneys.  In that case, the attorneys generally schedule the mediation and provide the mediator with a Mediation Memorandum setting forth the issues and what the parties would like.  The parties and attorneys then meet at a mutually agreeable time and generally complete the mediation in one session (usually four to eight hours in length).  Before the mediation starts, the parties will each fill out a form requesting basic information about the parties’ assets, debts and other issues related to the divorce.  The parties do not have to know everything about their financial picture or what they want at the first mediation session. The mediation usually takes place over the course of two or more two hour sessions, but the mediation sometimes can be completed in one day.  Participants often need to gather information or documentation in between sessions.  Participants can also choose to consult with professionals (property appraisers, child specialists, attorneys) before entering a final agreement.

Even when parties use mediation to resolve their disputes, the parties still have to file paperwork with the Superior Court in Arizona to get a divorce.  While the mediator cannot give legal advice, she can help the participants obtain and file the appropriate forms and pay the appropriate filing fees.

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
3977 N. 7th Street, Suite 340
Phoenix, AZ  85014-0001

In Arizona, mediation is not a regulated field.  Someone who cannot even spell “mediation” can hang out a shingle and begin soliciting business.  Therefore, consumers need to beware.  As with any other field, both training and experience are important.  If you are looking for a mediator in Arizona, you want to make sure that your candidates have taken at least one 40 hour (or longer) mediation course.  You also may want to see what each candidate’s experience is with your particular issue.  For example, if you want to mediate an Arizona family law dispute, the mediator should have experience with the field.  Otherwise, he/she may not even know what issues need to be resolved in a particular type of family law action.

So how do you find a good mediator?  One option is to ask friends or family for a referral.  Another option is to search on line and carefully review the mediator’s credentials.  You can also ask for a consultation to meet with the mediator and get a sense of his/her style.  Mediators can range in style from “touchy-feely” to authoritative.  People respond to different styles.

If a mediator guarantees you success in the mediation, tries to offer you legal advice, acts biased toward one party or tells you are either going to definitely win or lose your action – then run.  Those are all signs of someone unqualified to mediate.

Resolving your dispute is very important, so it is worth the time to find a qualified mediator.

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
3977 N. 7th Street, Suite 340
Phoenix, AZ  85014-0001

In this economy, few Arizona businesses can afford the high cost of litigation.  It is generally quite expensive to hire attorney in Phoenix.  Further, a lost lawsuit can result in a big judgment against a business.  The person or entity that sued your company can take steps to collect that judgment.  Litigation also taxes your business’s time and resources.  For example, you will need employees to pull and copy document demanded by the other party.  Employees may also have to sit for depositions or testify at trial.  Litigation can also have another adverse impact as, if your company is found to be at fault for some wrong-doing, the business’s reputation could suffer.  As a result, you could lose business.

But, what is the answer?  Disputes in business will happen.  Another company may not honor a contract.  An employee may feel harassed.  Someone could claim an injury on your property.

One option is to mediate instead of litigate.  Mediation is a method to resolve conflict that is used all over the world.  With mediation, parties in dispute meet with a neutral third party trained in conflict resolution (a mediator) to try to resolve the dispute out of Court.  With mediation, the parties choose the outcome of the dispute – no Court or other third party decides the outcome. Mediation can take place either before or after a lawsuit is initiated.  Most mediations are successful.  Some place the success rate of mediation at around 85 percent.  The result of a successful mediation is a binding agreement that resolves the conflict and, in some cases, even restores damaged relationships.

Companies like mediation because is it a lot less expensive and disruptive than litigation.  Mediation can be completed in one day, whereas litigation can take years.  You can have attorneys at mediation, but you do not need to.  Even if you use attorneys, the attorney bills will be significantly lower because mediation is so much less time consuming.

Further, mediation is confidential, so reputations remain intact and settlements are kept private unless the parties jointly choose to reveal that information.  Choosing mediation allows companies to operate from a position of strength and keep their valuable resources intact.

If your business has a conflict, consider suggesting to the other party to sit down with a mutually agreeable mediator before suffering the damage of 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.  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

3977 N. 7th Street, Suite 340

Phoenix, AZ  85014-0001

Mediation training is of course necessary for people who would like to mediate professionally.  In addition, Mediation training is necessary for people looking for a volunteer opportunity to benefit their communities.  Many communities have their own mediation programs to resolve conflicts between their citizens.

However, Mediation training is also useful for people who want to incorporate new skills into their own work and lives.  Through mediation training, one learns how to resolve conflicts, deal with difficult people, defuse stressful situations, and use the power of persuasion.

Most mediation training lasts 40 hours or more.  Shorter classes are not generally viewed as being sufficient to mediate.

Simmons & Gottfried, PLLC is joining forces with Merge Consultants to offer mediation training this January.  Dr. Frank Hanna and Alona M. Gottfried will be co-instructing a fun, informative and engaging mediation course beginning January 4, 2010.  The class has been well reviewed.  For example:

This mediation class was the absolute best learning experience I have ever had.  Both Frank and Alona are not only excellent mediators but excellent teachers as well.  Their knowledge and experience were an invaluable part of the class and enhanced the effectiveness of the course.  I have the utmost respect for both of them and only hope that I can utilize even a small amount of their superior mediating skills. ~ Sarah Leong

I really enjoyed the flow of the course…the humor between Frank & Alona made the class both entertaining and helped it flow smoothly.  I will definitely recommend this course to others! ~ Caroline Leon

I enjoyed this course tremendously.  I can apply the skills I learned tomorrow and everyday in conflict and in my law practice.  Many thanks to Frank and Alona. ~ Bobbie J. Rasmusson, Esq.

Outstanding course!  Well worth the time, money and energy invested!  Frank and Alona are truly masters and exceptional teachers in the art of mediation.  Thank you both for a terrific experience! ~ Victoria Crawford

The possibilities for application of these skills are almost unlimited.  My interest in seeing its theory and concept applied in the Spanish speaking community has begun to fascinate me…Thanks to Frank and Alona for this new beginning! ~ Manuel V. Cisneros

…I left the course wanting to enter the field of mediation and feeling as though I sat at the feet of two master mediators.  Thank you Frank and Alona. ~ Libby Williams

Fascinating…opens up a new career…enjoyable…Thought-provoking…humorous! Totally worthwhile -time and money well spent! ~ Mary Clement Esq.

This has been a wonderful opportunity that I have always wanted. The course and contents were excellent and the instructors just wonderful…I have gained invaluable skills which I will definitely use now and in the future. Thanks a bunch! ~ I. Gotwin Otu

Outstanding. I have found this course very valuable. If only more people could understand the value of mediation many more conflicts could be avoided. ~ Fred L. Amador

This has been an extraordinary class. Thank you for an enjoyable and informative time. ~ David R Fuller Esq.

Excellent course. Lots of reassurance along the way. Good skill building exercises. I thoroughly enjoyed the class and have made some quality friends. ~ Shirley Huddy

The most satisfying educational experience I have ever had. ~ Joe Terranova, Esq.

You can learn more about Frank Hanna at:  http://www.mediationagency.com/frank.html.   You can learn more about Alona M. Gottfried at: http://azmediator.com/about.

The following are the details about the course:

Dates & Time: Our 40+ hour Mediation Training Class will commence on  January 4, 2010.  The class will be held weekdays Monday, January 4th – Thursday, January 8th, 2010 and Monday, January 11^th, 2010 – Thursday, January 15th, 2010.  Additionally, there will be two Saturday classes on January 9th and 16th from 10:00 a.m. until 4:00 p.m.

Location: 3877 N Seventh St. Suite 340, Phoenix, AZ 85014-0001.

Tuition: $1350.00 with a $150.00 discount for confirmed registrations on or before 12th December, 2009.  Payment is not required to be made at the time of registration, but all confirmed registrants will be required to have made payment in full by class start date unless other arrangements have been agreed.  On-line payment facilities will be made available by mid-December, 2009.

Please call or email Alona M. Gottfried if you want to reserve a spot or have questions (alona@sglawaz.com; 480-998-1500).

As a Family Law Attorney in Arizona, I am not a fan of people using paralegals in lieu of attorneys in most situations.  Paralegals are not allowed to give legal advice, so you may end up with forms that are procedurally correct, but inappropriate for your situation.  I have had to correct mistakes caused by using a paralegal on a number of occasions.

People tend to use paralegals because they cannot afford attorneys.  First, if you just need forms, they are offered for free at the Maricopa County Superior Court website.  Second, using a mediator to resolve your disputes may be a better option.

One of the main reasons people use mediators is because mediation is almost always much less expensive than a litigated case.  People also choose mediation because it is less adversarial, less time consuming, less stressful, and it allows you to be in control of the outcome of your case.  Going to trial is a risk.  Even when you use a paralegal, absent an agreement, you still have to go to Court and fight to try to advance your various positions.   In mediation, people in conflict can rely on a neutral person trained in conflict resolution (the mediator), to help them actually resolve their disputes peacefully.

If you want to use a paralegal or lawyer to draft your papers, you can still go to mediation to reach an agreement.  You can even use an attorney in conjunction with a mediator.  With an agreement, you do not have to go to Court; you only have to draft the agreement in final form (a Decree) for the Court’s approval and signature.

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. This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

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.