There are many good reasons to mediate your family law dispute. For example, it is generally significantly less expensive, stressful and time consuming than litigation. However, a big reason to avoid court and mediate the matter is that Court is risky. There is not an attorney out there than can guarantee you a result. That is because family court judges have a lot of discretion in entering rulings.
The Judge makes its decisions based primarily on what he/she sees and hears in Court. If the Judge, for whatever reason, thinks your spouse is more credible than you or your witnesses are, you may lose an issue. The Court does not have a lie detector, so the Judge may simply incorrectly determine that you are not credible.
In Court, it does not matter who is right and who is wrong; it matters if you can prove your case. If you could not find the evidence to support your position, you may lose an issue.
Further, the Judge may simply not agree with your position because of his/her own experiences and understanding of the law. If you try the same case in front of three different Judges, you may get three totally different results.
Even in the best scenarios, both parties are often upset with at least part of the ruling.
In mediation, you choose the outcome. You are not leaving your financial future (or – if you have children – your children’s welfare) in the hands of a third party. You are also not paying tens of thousands of dollars in attorney’s fees only to risk losing (and possibly paying the other party’s attorney’s fees). While the Judge will do his or her best to decide your case, you will always be in the best position to make good decisions for your life.
Alona M. Gottfried is a family law mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@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.
Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260
