The Worst Day in Family Law Mediation is Better Than the Best Day in Litigation

I recently saw an article with a similar title as the one above and decided to put in my two cents on the topic.  As a long time Arizona attorney and mediator, I have gotten to see the range of experiences in both litigation and mediation.  Most mediations go swimmingly well – the parties reach a full agreement in a matter of a few hours.  The parties are able to end their marriage or former relationship respectfully.  Where there are children involved, and an ongoing relationship is necessary, … [Read more...]

Listening – A Necessary Tool For Conflict Resolution In Mediation

  One of the principals of good communication and conflict resolution is listening.  How many of us really listen?   We think we are listening when all we are really either:  (1) thinking of our response to what we think the other person is saying; (2) hearing only what we want to hear to confirm what we already believe; or (3) deciding what we should eat for dinner that night. What does it mean to really listen?  Read carefully this definition by Mark Nepo: "To listen is to … [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...]

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...]

Ground Rules To Help Make Your Arizona Mediation Successful

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 … [Read more...]

Using a Mediator to Get Divorced in Arizona When You Were Never Married

There are over five million unmarried couples living together. U.S. Census Bureau of 2000. This figure includes hundreds of thousands of gay couples in Arizona to whom the government has denied the right to marry, as well as millions of straight couples who choose not to marry.  In relevant part, the 2000 Census found: UNMARRIED-PARTNER HOUSEHOLDS Total 5,230,703 100.0 Male and female 87.4 Both male 332,645 6.4 Both … [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