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...]

A Happy Divorce

Divorce can be one of the most stressful, upsetting events in a person’s life.  But, does it have to be? A February 13, 2012 Newsweek Article entitled:  “Divorce Parties on the Rise as Divorce Becomes Acceptable” by Rebecca Dana discusses the rise of amicable divorces.  Ms. Dana profiles one ex-couple who describe their divorce as a “happy, functional split” and another couple who had a joint divorce party and told their guests: “As we change the parameters of our relationship, our mutual … [Read more...]

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...]

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...]

The United Nations Resolves To Use Mediation To Peacefully Resolve Disputes

On June 22, 2011, the UN News Centre reported that the United Nations General Assembly issued a resolution directing its members to utilize mediation.  While the United Nations Charter already advocates for the use of mediation and peaceful settlements of disputes, this resolution emphasized the UN’s commitment to the process.  The resolution also declared the need to ensure gender neutrality in mediation programs, especially in decision-making roles. In addition, the UN recommended that it … [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...]

Arizona Divorce Process or Mediation

You are experiencing conflict, and you do not know what to do about it, so you do nothing.  It is common and all too easy to acclimate to bad conditions – so much so that you forget what it is like to live a joyful life free of conflict.  It takes no thought or effort to get used to a bad situation. It is like the proverbial frog who does not notice that it is being cooked to death because it was placed in cold water that was slowly heated to the boiling point.  Conflict has a way of weighing … [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...]

Can You Mediate A Dispute Involving Children in Arizona?

If your relationship is ending in Arizona and you have natural or adopted children, you likely need Court Orders addressing your children.  When you are ending a marriage, the legal action is called a dissolution of marriage (or divorce).   When you are not married, but have children, the legal action is called a paternity action.   In either case, you will need orders regarding child custody, a parenting (or visitation) plan,  Arizona child support and the division of medical expenses and tax … [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