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...]

Can We Mediate Even If We Don’t Get Along?

Some people think they cannot mediate their disputes because they do not get along with the other party to the dispute.  In fact, mediation is the perfect format to address conflict for people who cannot communicate, who push each other’s buttons or who simply don’t care much for the other party.   The only exception is the situation that there is a significant power imbalance, perhaps due to physical violence, and one party is not able to freely negotiate and communicate because of that … [Read more...]

Is Mediation In Arizona Confidential?

One of the benefits of Arizona mediation is that the documents, communications and acts in mediation are confidential.  Mediation confidentiality is protected by Arizona law.  The applicable law is located at Arizona Revised Statute section § 12-2238.  Further, all participants in a mediation sign a confidentiality agreement, thereby contractually binding themselves to maintain confidentiality.  There are a few exceptions to the confidentiality rule, such as where the parties agree to the … [Read more...]

How Do Property and Assets Get Divided In An Arizona Divorce Mediation? – Mediation Divorce Arizona

When couples accrue property during the Arizona marriage in any way other than gift or inheritance(community property), they need an effective manner to divide that property during the divorce.   Arizona law requires an “equitable” (near equal) division of community property.  However, the Court generally sanctions any reasonable division, and mediation gives the parties more of an opportunity to get creative in the division.  Further, mediation offers a calm and amicable environment to discuss … [Read more...]

What Are The Benefits of Mediation vs. Going To Court? – Phoenix Arizona

As an Arizona employment and Arizona family law attorney, I have seen the negative impact of litigation on its participants.  Though litigation is often necessary to pursue one’s rights, it has many disadvantages.   In a nutshell, the litigation process is: a)    Time consuming – It is not unusual for litigation to take more than two years to complete – and significantly longer if either party appeals the trial court’s decision. b)    Emotionally draining and / or traumatizing -- Without … [Read more...]

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