The Horror Stories of Family Law Litigation and why Mediation may be a better choice in Arizona

We have all heard the horror stories of divorce actions – the friend who had to pay an attorney tens of thousands of dollars for representation; the neighbor whose family law litigation lasted over a year; or the family member who went to trial and got an unfair ruling.
The fact is that, when you go the Court, you are risking the possibility that you will have to pay an attorney a lot of money, that you may have to litigate a case for many months and that you may lose vitally important issues that impact the welfare of your children or your financial future.  Sometimes the Judge just does not agree with your position, or does not feel that you adequately proved your case.  Further, while Judges do the best they can, they are human and occasionally make mistakes.  When a trial does not go in your favor, you may even have to pay a portion of your spouse’s attorney’s fees and costs.
One way to control the outcome of your case, as well as minimize the cost and the time commitment of litigation, is to mediate your dispute.  With court mediation in Arizona , you and the other parent, with the assistance of a mediator, draft your own orders, for the Court’s approval.  Courts generally approve mediated agreements.  A mediator will help you and your spouse define the issues, and work on solutions to which both parties agree.  Mediation can generally be complete in one to three days, so even a divorce action can take less than three months (the Court will not enter a Decree of Dissolution or Legal Separation less than 60 days after the date the Petition for Dissolution is served).  With a successful mediation, no one has to actually appear in Court.  Most mediations are successful, so mediation is generally worth the effort, whether you are going through a divorce, a paternity action, a post-decree modification action or just about any other family law matter.  When issues in dispute are not worth the gamble of litigation, mediation is a good choice.

Thankyou for visiting the Arizona Family Mediation website by Alona M. Gottfried, ESQ.  Should you have any interest in particpating in a mediation in Arizona please feel free to contact me.

This article is of general interest and not legal advice about family law or mediation.  Should you need or require legal advice, seek out the services of a professional or attorney.

Simmons & Gottfried, PLLC
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

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