Mediation vs Litigation: choosing your own outcome

People sometimes choose to forego mediation or negotiation, thinking that their best option is just to let the judge or jury decide.  People reach this decision for a number of reasons.  For example: Some people have negotiated for some period of time and are frustrated. Some people do not want to deal with conflict and would prefer to give up control to a judge. Some people believe the other party will never be reasonable. While negotiations can be stressful and frustrating, … [Read more...]

Arizona Family Law Mediation – An Insider’s View

I am a legal assistant for a law and mediation firm in Scottsdale Arizona, and I assist with family law matters.  I have had a front row seat to observe the benefits of mediation, and the effect that costly and contentious divorce litigation has on all parties involved. With mediation, I see how happy our clients are with how quickly, inexpensively and amicably their divorce or other family law matter is completed.   The mediator helps the parties reach agreements in a comfortable and relaxed … [Read more...]

Why Arizona Doctors Should Attend Mediation to Resolve Medical Malpractice Cases

Most doctors live in fear of being sued for medical malpractice. Such claims are prevalent enough to explain the exorbitant malpractice insurance rates in many specialties. Malpractice claims bring the risk of a large judgment and a public trial. Even if a doctor’s insurance company settles the lawsuit, that does not remove the stigma of a litigated malpractice claim. Mediation offers a confidential forum to resolve malpractice claims. In addition to the benefit of confidentiality, … [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...]

If I Go to Mediation in Arizona, Do I Lose My Right To Go To Court?

Mediation is a method of resolving disputes; it is an alternative to litigation.  Parties work with a mediator (a neutral professional trained in conflict resolution) to resolve all outstanding issues.  If you choose mediation in Arizona, you can still go to Court if you do not settle the matter.  Or, you can go to Court if you settle the matter, but the other party does not comply with the terms of the mediated agreement.  You do not give up your rights when you mediate in Arizona. It makes … [Read more...]

When Will Arizona Follow Suit With Mandatory Mediation For Family Law Cases

Courts in the United Kingdom have just made mediation mandatory for family law disputes.  Mail Online, October 18, 2010. The courts moved to this system because it determined that the normal system is “really intolerable for both children and parents – and damaging.”  The chair of the committee implementing the change, David Norgrove, also noted:  ‘There is a general sense that more cases can and should be devolved from the court-based process.” In addition to the emotional benefit for the … [Read more...]

Arizona Divorce

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 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 … [Read more...]

Why using Mediation will lower your carbon footprint versus Litigation in Arizona

There are so many reasons to mediate your dispute, rather than litigate it. Below are the reasons environmentally aware people would want to mediate: 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: … [Read more...]

Choosing Peace through Mediation in Phoenix Arizona

It is likely that, at some point in your life, you will have a boss, a spouse, a business partner or a company who will cause you financial loss or emotional distress.  Often, those situations must be addressed.  However, how you choose to address conflict is up to you.  As Max Lucade said:  “Conflict is inevitable, but combat is optional". You can choose to make the conflict the center of your life – engaging in litigation that lasts years, and spending all of your savings to address the … [Read more...]

How Can You Afford to Hire A Lawyer in this economy? Phoenix Arizona

When Going to court in Arizona can cost tens to hundreds of thousands of dollars, who can afford pay to litigate in this current economy?  Okay, who can afford to litigate other than corporations that received TARP money? Conflicts do not generally disappear when money is short supply.  Typically, more conflicts tend to arise when money is short.  It has been said that money problems are one of the top reasons for relationship issues.  Further, with a bad economy, more people are failing to … [Read more...]

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