Courts Recognize the Importance of Mediation

In 2004, a Court elucidated the importance of mediation recently espoused by many Courts around the world. In Halsey v. Milton Keynes General NHS Trust, the British Civil Court of Appeal decided that alternative dispute resolution - including mediation - is necessary upon request of one party. A party's unreasonable refusal to participate in mediation constitutes unreasonable litigation conduct.  Since the decision, other Courts have stiffened its expectations regarding the need to respond to … [Read more...]

Tips For Successful Negotiations From The Prospective Of A Mediator – Part 1

As a mediator in Arizona, I have seen all styles of negotiation.  Many people and companies seem to think negotiations mean you have to be unrelenting and overly aggressive.  For example, •    There are those that start at an impossibly high or low number or demand and then balk when the other side does not meet them in the middle.   You lose your credibility from the get-go if you start with unreasonable positions. •    There are those who threaten to walk out if their demands are not … [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...]

The Family Law Mediation Process In Arizona Explained

When you use Simmons & Gottfried, PLLC to mediate your dissolution or paternity action, the sequence of events is normally as follows: 1.     The two parties can come in for a complimentary consultation.  They can ask any questions they have about the process and select a mutually agreeable mediation appointment.  Simmons & Gottfried, PLLC provides after-hours mediations where the parties’ schedules require it. 2.     Prior to the first session, the mediator e-mails (or mails) … [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...]

What Happens when the other Party is not Complying with Arizona Court Orders

You have Arizona Court orders, but the other party is ignoring them.  What can you do?   In many cases, where a party has the ability to comply with the order and knows about the order, you can file a contempt action.  You may even be able to ask the Court to incarcerate the offending party until he/she complies (depending on the nature of the violation).  However, a better solution may be to mediate the dispute.  In an Arizona mediation, the parties sit down with a neutral third party who helps … [Read more...]

Mediation to End Your Neighborhood Dispute in Arizona

Your neighborhood should be a stress-free zone.  However, we have all had a neighbor or two who made our very existence intolerable: the one with the car alarm that goes off every night (you know who you are); the ones who want everyone to enjoy their colorful marital fights (your door does close, Sir.  You know that, don’t you?); or the ones who will not remove their lawn ornaments from your side of the property (do you really need both the donkey and the gnome?) The list … [Read more...]

Should I use a Paralegal Instead of an Attorney for an Arizona Legal Action?

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 … [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