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When is Mediation a Bad Idea?

Posted on : May 24, 2017, By:  Christopher Hildebrand
When is Mediation a Bad Idea

When is Mediation a Bad Idea?

Divorce mediation is becoming a more and more widely accepted option when it comes to finding a resolution to a separation without the mess of court proceedings. As we have mentioned before, mediation is a way to stay out of the courtroom and instead come to a settlement with the other involved party with as little hassle as possible. While there are plenty of situations where we would highly recommend and encourage mediation for dispute resolution, there are some situations where you might need to evaluate other options.

When is Mediation a Bad Idea?

When is Mediation a Bad Idea?

When is Mediation a Bad Idea

Here at Hildebrand Law, PC, we strive to ensure our clients find the best and most effective ways to resolve their divorce, legal separation, or child custody issues and move on with their lives. Today, we will examine sometimes where other legal matters may be your best course of action. If you have questions or need legal guidance, trust our team to help you with all of your needs.

Mediation Is Not Always the Answer

If you are asking yourself what could be the easiest and least painful option for a divorce resolution, mediation has probably come to mind. If you are in the mindset that you want to try and utilize divorce mediation and a way to resolve any disputes, you must first consider the entire situation. While mediation is a valuable tool, it is not always applicable to your position. Some of the times when divorce mediation should be avoided include:

Recent disputes: If you and your partner find yourself embroiled in debates and altercations outside of the mediation arena, those can skew the discussions one way or another. Anger is never a useful tool, nor is any other emotion. Being as level-headed as possible is critical to compromise. If there is fighting outside of the mediations, it will be an ineffective tool and a waste of time.

When Should a Party Mediate?

When Should a Party Mediate?

When Should a Party Mediate

Unrealistic Expectations: It is not unrealistic for one party in the divorce to expect far more than the other side is willing to give. For example, if the parties involved are parents and child custody is in question, a parent who spends half the month out of town or more on business and wants joint custody is unrealistic. They may not be open to negotiating that part of the divorce settlement, and thus have lofty goals for the mediation. While they are just as unlikely to see their wishes come to fruition in court proceedings, asking them to compromise in mediation is just as impossible, making it a futile effort.

Doing it Remotely: Distance is something that can help the initial wound of divorce proceedings heal. However, this can also mean that, even if both parties are agreeing to mediation, the distance can make being in the same room next to impossible. A remote or video meeting for mediation is not ideal as body language, and face-to-face interaction is a crucial part in coming to a resolution and allowing a mediator to do their job. If all parties cannot be present, a mediation is not the right option.

Divorce is becoming more common. As such, it is important the legal world develops new and efficient ways for people to push through this life event with as little strife as possible. While mediation is often a great option for folks going through this, certain situations do not lend themselves to effective mediation. Whether you find yourself facing a combative adversary or the sheer distance between you two makes mediation unreasonable, there are plenty of times where another option outside of mediation will be in your best interest. When you’re in need of a mediator and legal expert, trust the team here at Hildebrand Law, PC to provide you with the finest legal advice in Arizona. Give us a call and learn how we can help today.

If you have a question about in Arizona, please call to speak to one of our experienced Scottsdale and Phoenix Arizona attorneys at (480)947-4339.

Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
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20:31 20 Sep 17
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
A Google User
A Google User
21:41 07 Nov 17
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
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Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
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A Google User
16:03 22 Nov 17
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
A Google User
A Google User
22:14 28 Jun 17
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
A Google User
A Google User
18:16 18 Sep 17
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
A Google User
A Google User
19:22 23 Aug 17
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
A Google User
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17:44 23 Jun 16
I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.
Bassam Ziadeh
Bassam Ziadeh
21:20 02 Apr 18
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Larry Flint
Larry Flint
21:53 27 Feb 18
Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.
Sam Franchimone
Sam Franchimone
22:09 12 Sep 13


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