If you are reading this article, you are likely contemplating or facing a divorce.  As a divorce attorney of almost 15 years and a long-term mediator, I am here to tell you

Arizona Divorce

that there are options on how you can process the divorce in Arizona.  Your choices will impact how long, expensive and stressful the process will be, as well as how much control you will have over the outcome.

In an Arizona divorce, either the parties or the Court will determine such issues as:  custody, parental access, child support, property division, debt division and spousal maintenance.  If the parties can reach an agreement, they decide the outcome of these issues.  If the parties cannot reach an agreement, the Court decides these issues after a trial.

Most people would agree that it is best for people to reach their own agreements.  That gives the parties control over what happens in their lives – to their finances, and their children, if children are involved.

One effective way to reach agreement is to mediate.  In mediation, the parties use a neutral third party (mediator) to help them reach binding agreements.  Mediation is successful at resolving disputes around 90 percent of the time.  The process is quick, confidential, and much less expensive and stressful than litigation.

Parties can also use the collaborative divorce process. This process entails using professionals (lawyers, counselors and financial specialists) to assist them in the divorce in a collaborative fashion.  The process also involves a commitment to not go to trial (you can opt out of the process, but you then cannot use the same professionals).

Of course, parties are free to litigate their divorce.  It is just a risky process that is sometimes quite expensive and stressful.  It can also be damaging to any children involved.  Litigation may be necessary where one spouse refuses the other options.  However, it is generally worth the effort to talk to your spouse about the other options.  You may be surprised at his/her willingness to participate in a process that offers a reasonable and effective alternative to the drama of divorce litigation.

Alona M. Gottfried is a family law mediator and attorney in Arizona.  She offers complimentary consultations regarding divorce options.  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 is effective at resolving disputes quickly, inexpensively and confidentially.  Around 90 percent of all people who try mediation end their conflict in mediation.

Divorce Arizona

You read that correctly:  almost all mediations are successful – no risky and expensive litigation necessary.

Then why isn’t everyone using mediation in AZ?  First, many people do not even know mediation is an option.  Many think the only way to deal with a conflict is to sue or suffer.  Further, businesses and individuals are conditioned to think “attorney” when they have a conflict.  Consider this:  how many mediation ads do you see on television?  Now think about how many attorney ads you see.  I bet you can even sing a few of their jingles.  The challenge mediators face is to educate the public and change the paradigm.

More and more people are turning to mediation.  There are a number of companies and government entities that have installed mediation programs and have undoubtedly saved significant funds as a result.  Also, more attorneys are recommending mediation to their clients (you can mediate with attorneys).

In other states/countries, the government takes a more active role in promoting mediation.  Some court systems require parties to go mediation before they can go to court.  Arizona is making strides in the mediation realm, but we are still behind the curve.

What can you do?  You can mediate your conflicts.  You can also tell your friends, family company heads, and colleagues about mediation.  They will thank you for it.

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.

In Arizona, you do not have to have a trial to determine the issue of child custody.  Parties to a dissolution action, a paternity action or a modification action can sit down with a mediator and just work it out.

First, this article will provide some basic information about custody in Arizona:  Parents can have joint custody or sole custody in Arizona.  With joint custody, the parties make major decisions together (education, medical and religion).  With sole custody, one parent makes these decisions.  The Court can also award the parties joint custody, but order that one party can make the final decision, if the parties cannot reach an agreement.  Joint custody does not mean equal parenting time.  The decision of an appropriate parenting schedule is different than the custody determination.

The Court may not be able to enter a joint custody order, despite the parties’ agreement, in some circumstances involving domestic violence, child support and drug convictions.  Even when the parties agree to joint custody, they must avow that they can work together for the child(ren)’s best interests.  A typical provision in a Joint Custody Agreement states:

Father and Mother acknowledge and agree that an award of joint legal custody is in the best interests of the minor child.  Neither party, as a condition of granting or withholding agreement, was influenced by duress or coercion with respect to any factors before the Court.  Further, both parties agree that they can sustain an ongoing commitment to the minor child and that joint legal custody is logistically possible.  Father and Mother further understand that joint custody does not necessarily mean equal parenting time.

By addressing the issue peacefully in mediation, parents are able to bypass what is often the messiest part of a divorce/paternity action – the proverbial “custody battle.”  When custody is disputed, parents are putting the future of their children in the hands of a third party (the Judge), who does not know your children and who may inadvertently make a bad decision.  Further, when the issue of custody is litigated, it is not unusual to have some sort of evaluation that could be expensive and intrusive.  Finally, custody disputes often are accompanied by a high level of mudslinging between the parents and their friends and family.  It is hard to recover any semblance of a good relationship between parents after heated litigation.  As discussed in other articles on this website, children with parents that cannot get along suffer long term consequences.

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.

If you have employees, you are at risk for a sexual harassment action.  Therefore, implementing sexual harassment training is highly recommended.

Sexual Harassment Training

There are two good reasons to implement training.  First, if you and your employees know what behavior may be considered illegal under sexual harassment laws, there is less likelihood that you and your employees will engage in such behavior.  Lawsuit averted.

Second, if you provide sexual harassment training, you may be bolstering your chances of succeeding if you do get sued.  In the United States Supreme Court case Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 765, 118 S.Ct. 2257, 2270 (1998), the Court explained that an employer can be liable when one of its supervisors create a hostile work environment for his/her subordinate.  However, if no tangible employment action is taken, the employer may assert an affirmative defense.  The employer may not be liability if:  “the employer exercised reasonable care to prevent and correct promptly any sexual harassing behavior,” (emphasis added), and the employee did not take advantage of the opportunities provided by the employer.  Sexual harassment training (along with proper sexual harassment policies) have been found to constitute “reasonable care to prevent” harassment.  See, e.g., Nicholos v. Azteca Restaurant Enterprises, Inc., 256 F.3d 864 (9^th cir. 2001) (“Thus, we agree with the district court that Azteca’s policy and company-wide training program were sufficient to show that it exercised reasonable care to prevent sexual harassment in its restaurants.”)

It is worth every business’s time to implement sexual harassment training now.  As Benjamin Franklin aptly stated:  “An ounce of prevention is worth a pound of cure.”

Alona M. Gottfried leads training in sexual harassment, discrimination and conflict resolution.  She is also an employment attorney and mediator in Arizona.  If you have questions about training, 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.

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.

If you are reading this article, you are probably considering a divorce in Arizona or helping a loved one who is faced with one.  My purpose in writing articles is to let people know they have a choice in how they end their

Divorce in Arizona

marriage.  Many people assume that the only way to get divorced is to engage in an adversarial process.  That is not true.  While you can use the traditional litigation process, that is not the only option.

Traditional litigation involves one party filing a Petition for Dissolution and serving the other party with it.  The other party will then file a Response.  The parties then try to obtain information from each other using a process called “discovery.”  In addition, parties have a duty to disclose relevant information.  If the parties need temporary orders (orders until the trial takes place), there is a hearing.  If a party is not cooperating with discovery or is violating the law or Court orders, there may be additional hearings.  Experts may need to be hired for evaluations (If there is a custody dispute, there could be a custody evaluation by a psychologist.  If there is a dispute over the worth of assets, there could be appraisals or forensic accounting).  If the parties have attorneys, there is likely to be numerous letters going back and forth that often contain angry allegations.  Eventually, if there is no agreement, the parties go to trial, and a Judge does his/her best to make good decisions for the two parties regarding their children, property, debts and monetary needs.   As you can imagine, this is a process that can be expensive, time consuming, risky and very stressful.

Mediation is another option.  In mediation, the parties jointly select a mediator – a neutral third party trained in dispute resolution.  The mediator can help prepare all of the documents for the parties.  The mediator will help the parties discuss all of the issues in a relaxed setting, and the mediator will help the parties reach agreements on all issues.  The parties may choose to seek legal, accounting or other advice during the mediation process.  The mediator can provide referral sources.  Successful mediations – and most are successful – end with the submission of a Consent Decree.  Neither party has to physically go to Court.  The process is quick, confidential, less expensive, less stressful and much less risky.

Alona M. Gottfried is a divorce 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.

There have been a number of studies on the effects of divorce on children.   Divorce has been found to be “an intensely stressful experience for all children.”  [1] Children often are frightened, confused and feel a loss of

Arizona Divorce

control and security.  [2]

The amount of parental conflict during and after a divorce is the single most important factor in determining children’s well-being. [3] The American Academy of Child & Adolescent Psychiatry concluded:

Children will do best if they know that their mother and father will still be their parents and remain involved with them even though the marriage is ending and the parents won’t live together. Long custody disputes or pressure on a child to “choose” sides can be particularly harmful for the youngster and can add to the damage of the divorce. Research shows that children do best when parents can cooperate on behalf of the child. [2]

Parental conflict and custody battles can result in serious and long term problems for children.  [4] For example, children who had parents in high conflict were more likely to experience feelings of “loss and regret” even as adults.  Id. Young adults of divorced parents also experienced renewed “anxiety, fear, guilt, and anger” in adulthood when they had to make important decisions, including those involving their own relationships.  [1]

Children who do the best in life after a divorce are those whose parents “who can communicate effectively and work together as parents.”  [3]  Parents who want to minimize the negative impact of divorce on their children should, therefore, look to mediation.

Litigation only increases animosity and decreases focus on the needs of the child.  As stated by Dr. Kathleen O’Connell Corcoran:  “On the average, it takes family members approximately four to eight years to recover from the emotional and financial expense of a bitter adversarial divorce.  In an adversarial divorce, there is no possible resolution of the emotional issues, only decreased trust and increased resentment.”  [3] In litigation, parents often spend their time and money publically attacking the credibility and parenting of the other parent.   It is difficult to foster cooperation and co-parenting after that.

Mediation, by contrast, is a process in which parents put their children’s needs first by communicating, cooperating and fashioning a parenting plan that is in the children’s best interests.  The mediated agreement will address how the parents will peacefully address future changes and future conflicts, if any.  Mediation allows participants to forego the economic devastation that often follows acrimonious litigation, and that also benefits the children.

Arizona Divorce may be accompanied by feelings of rage, pain and hurt for the adults involved.  While attacking the other party in litigation may seem more satisfying in the short term, the long term impact on children should make parents want to avoid litigation whenever possible.  Mediation allows parents to quickly restore stability and control in their lives and the lives of their children.   Choosing mediation may be the single most important gift you ever give your children.

References:

[1] Sara Eleoff.   An Exploration of the Ramifications of Divorce on Children and Adolescents.  2003
[2]American Academy of Child & Adolescent Psychiatry.  Children And Divorce. 2008.
[3] Kathleen O’Connell Corcoran, Ph.D.  Psychological and Emotional Aspects of Divorce. 1997.
[4] Robert Hughes, Jr., Ph.D. The Effects of Divorce on Children. 2009.

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.

Mediation is widely used to resolve conflicts, and it is highly effective.  However, some people shy away from the process based on popular misconceptions.  This article addresses some of the common mediation myths.

Is Mediation Binding?

1. Mediation isn’t effective. Some people believe mediation is a process where people hold hands, sing Kumbaya and accomplish nothing.  In fact, mediation in Arizona is used by lawyers, large corporations, governments and individuals around the world precisely because it is effective in ending conflicts.
2. Mediation isn’t binding. At the end of mediation, the parties’ agreements are generally committed to a signed document that is enforceable as a contract.  Mediation agreements in Arizona can result in the dismissal of Court actions, the recording of judgments or any other number of binding and enforceable actions.
3. Mediation only works if the parties get along. Mediation is an effective way to resolve disputes even where there are bad feelings or anger involved.  The mediator manages emotions and controls the process.  If necessary, the entire mediation can take place with the parties in separate rooms, so that they never even have to look at each other.
4. Mediation cannot be used to address complex disputes. Mediation can and has been used to resolve complex problems involving millions of dollars and many different parties.   Mediation has even been used to resolve long standing disputes between countries.
5. I can’t bring an attorney/I have to get an attorney. Parties can attend mediation with or without attorneys.  Mediation can also take place before or after a legal action is filed.
6. The other party will use what I say in mediation against me. The mediation process is confidential, precisely to encourage parties to make settlement offers and communicate openly.
7. If I agree to attend mediation, I will be seen as weak. As business owners and political leaders across the globe know, attending mediation just makes good sense.  It gives parties the opportunity to find solutions through talking and problem solving, rather than through expensive, public and exhausting litigation.

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

Many agreements between friends, partners and family are sealed with only a handshake.  For example, people enter agreements to buy property, start a business, share a timeshare or boat or even to share living expenses.  No matter how informal, these agreements constitute the formation of a business relationship with potentially serious legal consequences.

The failure to discuss details of a business relationship and commit the agreement to writing is a recipe for disaster.  At some point, most such business relationships come to an end.  Without a clear agreement at the beginning of the venture, there is a significant likelihood of conflict at the end of the venture.

First, there may simply be a misunderstanding of how the dissolution of the relationship would unwind, leading to conflict.  Second, the parties may not have considered all of the consequences of the dissolution before it is too late to take appropriate protective measures.  Third, one party may actually take advantage of the lack of a written agreement.  While oral contracts are enforceable in many situations, they are notoriously hard to prove.

It makes sense to create a binding written contract before the formation of the business/agreement.  Rather than do that through an adversarial process (both parties getting attorneys to send drafts of agreements back and forth to each other), the parties should consider mediation.

Business Mediation in Arizona is a confidential, amicable process where a neutral party trained in conflict resolution helps the parties reach agreements.  Mediation is highly successful at helping parties reach agreements to prevent and resolve conflicts.  The parties can leave mediation with a binding agreement, including fully effective Operating Agreements (for businesses).

As Benjamin Franklin once said:  “An ounce of prevention is worth a pound of cure.”  A mediated agreement is that ounce of prevention.  And what if you failed to invest in that ounce of prevention and now you are in conflict?  Yep – mediation is good for that too.

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(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.