A Recent Review of Family Law Mediation in Arizona

Mediation is a way to minimize the pain, anxiety and cost associated with a litigated divorce (or other family law matters).  The mediator works with the parties to reach an agreement out of Court.  With a full agreement, neither party has to set foot in a courtroom.  Mediation is successful most of the time; even spouses experiencing high conflict can successfully utilize mediation. If you are still unsure whether mediating your family law dispute is the right choice for you, read some … [Read more...]

What the Arizona Family Court Rules Say About Mediation

The Arizona Rules of Family Law Procedure (hereinafter “ARFLP”) define mediation as “a voluntary confidential process in which parties enter into one or more private discussions with a neutral third party to resolve the dispute.”  ARFLP 66(B).  The Arizona Rules of Family Law Procedure state that any issue may be mediated. ARFLP 67(B).  The parties can agree to mediation, or the Court may order mediation.  ARFLP 67(B)(2).   However, even when ordered, participation is voluntary. ARFLP … [Read more...]

Dear Abby Hits The Nail On The Head Regarding Mediated Divorces

On March 27, 2011, someone wrote in to Dear Abby explaining that he wanted to mediate his divorce, and his wife told him if he wanted a divorce, he would need to get a lawyer.  Abby, in her infinite wisdom responded: I have seen both kinds of divorces — one in which the warring spouses spent so much money in litigation there was little left for each of them when it was over; and the other, in which the couple agreed their marriage was broken beyond repair and arranged their divorce with as … [Read more...]

What Happens in an Arizona Divorce Mediation: Step By Step (Part One)

This Article is part of a two part series describing the process when I mediate a divorce matter in Arizona.  The process is similar for other mediated family law cases where documents need to be filed with the Court.  The filing fees will be different depending on the type of matter.  Where filing documents with the Court is unnecessary, only steps 1-3 are utilized. Link to Part 2 1.     The process starts when you contact my office to schedule a complimentary consultation.  If you and your … [Read more...]

What Happens in an Arizona Divorce Mediation: Step By Step (Part Two)

This Article is the second part in a two part series describing in detail the Arizona divorce mediation process.  Please read Part One before reading this article. Link to Part 1 4.     During the mediation session, I also gather the information I need to draft the Petition for Dissolution package.  One of you will choose to be the Petitioner (the person who is the initial filer) and the other one will be the Respondent.  At the end of the session, you and/or your spouse pay me for the time … [Read more...]

How To Get The Other Side to the Table to Mediate your Arizona Dispute

You have decided to avoid the Arizona Divorce Process of going to court.  Now what?  All parties to a dispute must agree to mediate, as it is a voluntary process in Arizona, in most cases.  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 also offers free … [Read more...]

How to Prepare for a Mediation in AZ

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 … [Read more...]

Are There Different types of Mediation in AZ?

Different mediators in Arizona employ different styles of mediation. The most well known in the divorce mediation process is called “facilitative.” This means the mediator guides parties toward their own solutions. The mediator helps the parties develop and analyze possible settlements. This style is preferred by mediation participants who want a more laid back mediation where the parties have the power to reach their own solutions. Some mediators are more “evaluative.” This means the … [Read more...]

Do I Still Have To Go To Court If I Use An Phoenix Divorce Mediator?

If you reach a full agreement with a Phoenix Divorce Mediator, and most people do, you will not have to set foot in Court.  One can find an AZ family law mediator, like this author, who will prepare all documentation (such as the Petition for Dissolution of Marriage and accompanying documents; Acceptance of Service and Decree of Dissolution of Marriage) for the parties’ review, approval and signature and submit it to the Court.  The Court will review the documentation, and if the final documents … [Read more...]

Judge Advocates for Family Law Mediation Instead of Litigation

Should Arizona offer mandatory Family Law Mediation If you are not convinced that mediation is better than litigation for your family law dispute, take it from a judge.  Justice Harvey Brownstone, a Canadian family court judge, wrote a book entitled:  Tug of War: A Judge's Verdict On Separation, Custody Battles And The Bitter Realities Of Family Court.  In it, he heavily advocates for mediation.  He notes that, no matter how good their representation, people who go to court for family law … [Read more...]

Alona M. Gottfried, Esq.
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 776-8271