If your child is withholding your access to your grandchild/children in Arizona, your first step should be to try resolve the matter amicably.  Mediation is a way to resolve family disputes without resorting to Court or other acrimonious means.  Mediation is a process where people in dispute resolve their issues through cooperation and compromise.  The mediator (a neutral person who is trained in conflict resolution) directs the process.  The parties either sit in the same room (with the mediator) or in two separate rooms if emotion precludes the possibility of sitting together.  The mediator will help the parties examine the issue from different points of view, brainstorm options and recognize the reasonableness of their respective requests. At the end of the mediation, if the parties would like, the mediator can draft the agreement up in a binding form.  Mediation serves to preserve relationships and puts the interests of the children first.  Conflict is expensive, stressful and only serves to tear families further apart.

If mediation is not an option, grandparents who want to obtain access with their grandchildren can sometimes seek “reasonable visitation” through the Superior Court.  To be able to file a Petition for Grandparents’ rights, one of the following has to be true:

a.     The parents have been divorced for at least three months;

b.     A parent is deceased or missing for at least three months; or

c.     The child was born out of wedlock.

The visitation also has to be in the children’s best interests.  The Court determines whether the visitation is in the children’s best interests by look at such issues as:  the grandparent-grandchildren relationship, the reason for the parents’ denial and the grandparents’ request, the impact the access will have on the children’s family and, where a parent is deceased, the benefit of maintaining the children’s relationship with the deceased parents’ family.

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

Mediation is a form of conflict resolution that allows parties to a dispute to resolve their issue without going to Court.  The mediator uses conflict resolution skills to help party reach agreements.  The agreements can then be made binding on the parties by committing them to writing.  Mediation is popular in Arizona and around the world.

Many lawsuits and other conflicts could be averted if the parties just sat down with a trained professional and worked through the issues.  Conflicts are often based on misunderstandings that can be cleared up through mediation.  In other situations, the parties to a conflict can come up with creative solutions that they would never have considered in litigation.

The following is a list of some of the benefits of mediation:

1.     It is confidential. While anyone can peruse a case file or ruling in most litigated cases, mediation is confidential.

2.     It is less time consuming. Mediation can resolve a conflict in days or even hours.  Litigation can take years to resolve.  Even after the Court rules, a party can appeal.

3.     It is less expensive. Because mediation can be completed so quickly, and without hearings, trials, evidence gathering, etc., it costs a fraction of the price of litigation.

4.     It provides certainty. There is not an attorney in the world who can guarantee a good outcome at trial.  With mediation, the parties remove the risk of a negative ruling by reaching their own agreements.

5. It works. The American Arbitration Association has estimated that mediation works at resolving conflicts 88 percent of the time.

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@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

Mediation can be used to resolve any number of kinds of disputes in Arizona.  For example:

1.     Family Law Disputes. People can use mediation to get a divorce, modify an order, obtain grandparent rights and any other number of family law issues. Mediation is especially useful when children are involved – studies indicate that children are damaged when their parents are in conflict during and after a divorce.  With mediation, the parents can work together to reach amicable agreements in the children’s best interests.

2. Employment Disputes. Business owners know that employee conflicts can be expensive.  Employees in conflict are less productive, and when they leave, there is a cost to training a new employee.  When employees sue, it takes time and money to litigate the matter, and an employer risks a bad outcome at trial, which could be expensive and damaging to the company’s reputation. Using mediation, especially early on, nips the problem in the bud.

3. Business Disputes. Business disputes include disputes between business owners and disputes between businesses.  Using mediation often allows for the preservation of relationships, which can be good for business.  It is wise to include a mediation provision in business contracts.

4. Real Estate Disputes. Mediation can be used to handle problems in real estate sales, landlord tenant issues, and a number of other real estate issues.

5. Neighbor/Friend/Family Disputes. Mediation can even be used to resolve arguments between friends, family members, colleagues and other people that have to continue to interact with each other.  Rather than living with uncomfortable conflict, it is best to address the issues with the aid of a mediator.

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