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 the parties peacefully reach a mutually agreeable and binding solution. The new agreement can then be converted to a Court order.
Why mediation in Arizona?
1) The other party may not be able to comply with the orders, and you can use mediation in Arizona to renegotiate terms and include provisions to encourage compliance.
2) Hiring an attorney and going to Court is often expensive. While you may be able to request that the other party pay your court fees, there is no guarantee that the Court will award them to you. Further, even if the Court does award fees to you, you may have trouble collecting on the judgment from the offending party, which may lead to more fees and aggravation.
3) Going to Court is risky. You could lose. There are no guarantees in Court.
4) Going to Court is time consuming. One often has to wait many months to get a hearing.
5) People are more likely to comply with terms to which they agree rather than terms that are imposed on them.
6) Mediations are by and large successful. If parties are willing to sit down together and work matters out amicably with a skilled mediator, they tend to walk away from the experience much more satisfied than with contentious litigation.
7) Who wants more conflict in his/her life?
Alona M. Gottfried is a mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona(at)sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.