When is Mediation a Bad Idea in Arizona | Hildebrand Law, PC

Posted on : May 24, 2017, By: Chris Hildebrand

Divorce mediation is becoming a more and more widely accepted option when it comes to finding a resolution to 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.

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.

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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.

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 is Mediation a Bad Idea in Arizona?

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 of coming to a resolution and allowing a mediator to do their job. If all parties cannot be present, 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.

Scottsdale Arizona Divorce, Family Law, and Estate Planning

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 questions about when mediation is a bad idea in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce or family law case around today.

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About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.

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The entire team at Hildebrand Law was excellent in every aspect of my custody... case. Kent Millward and Karla Spaulding-Huft were fantastic. Everyone was extremely helpful and professional throughout the entire process. Their preparation and dedication to my case helped ensure a winning ruling. I have and will continue to refer anyone going through a challenging situation to speak with Chris and his team.read more

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My attorney (Kent) reluctantly decided to take my case, as I had already... started down the process of "collaborative divorce", prior to meeting with Hildebrand Law. I felt throughout my entire collaborative process, that I was being taken advantage of, and my rights were being infringed upon.Turns out, I was right! Thankfully, the experts at Hildebrand, specifically Kent Milward and his para legal, Karla, took the time to hear me out and decided to takeme on as a client!I will be forever indebted to The experts at Hildebrand law for protecting my children's and my rights.I cannot say enough thank yous!read more

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Their level of knowledge and expertise inspired confidence from the initial... consultation, where they clearly outlined the possibilities along with the potential costs of each.Both Carlos Noel, our attorney and his para-legal, Lindsey Duran, were available to answer questions and guide us through the process. Their attention and care greatly increased our comfort level, as everything had to be done virtually, due to COVID-19.Communications with the other side were strategic and effective, undoubtedly saving both time and money.We were very pleased with the final outcome and would not hesitate to use the firm again or recommend them to others. They know their stuff and get it done!Z. Beck & M. Beck-Harbortread more

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Kip Micuda is an amazing attorney who always made me feel protected. I highly... recommend Kip. He is extremely knowledgeable and professional. Could not be happier.read more

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Chris is an excellent attorney and widely recognized as a leading expert in his... field. I highly recommend him and his firm if you or a loved one is going through a divorce.read more

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Chris Hildebrand is an experienced and knowledgeable attorney who does well... both in and out of the courtroom. My experience with Chris is that he's a strong advocate for his clients and a knowledgeable attorney. I never hesitate to recommend him for any legal matter.read more

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I hired Michael Clancy just when I was about to give up on an existing... post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!read more

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Compassionate and patient and helped so much. The best attorney I've ever... dealt with. Nothing but good things to say about Chris. So grateful.read more

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I first should comment on how I found this law firm. I am an attorney myself,... though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did.There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business.The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing.Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers.Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund.The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently.Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land.This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card.As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.read more

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Choosing the right law firm and personal attorney was one of the most important... decisions I made during one of the most challenging times in my life. Prior to meeting with Mr. Micuda at Hildebrand Law, I had never required legal services. I was naive about the process and I was incredibly stressed about the potential risks and challenges I was facing.From the very start, Hildebrand Law and Mr. Micuda helped me to understand the process and to feel as comfortable as possible; they were attentive to the emotional and legal aspects of my situation. Mr. Micuda effectively communicated with me all along the way, making sure that decisions were made together and that I was comfortable with the legal approach we took. At every twist and turn, I was given more information and more options. There were times when I wanted to be very involved and there were times that I needed Hildebrand Law to handle things for me. They were able to accommodate both situations effectively.Mr. Micuda was professional and very skilled. He communicated clearly and effectively. Throughout the process, it was evident that, compared to the other side, my attorney was more professional, better prepared, and more qualified to get the job done right. The process was expensive, but I didn't feel that I was being unfairly billed - I received what I paid for: great service and a competent legal strategy that helped me realize my goals. I would definitely look to Hildebrand Law again if I needed legal counsel and/or representation.read more

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I interviewed several firms and selected Hildebrand Law for my difficult... military divorce as a direct result of their whole family concern and integrity. During the interview process the professionals at Hildebrand Law were as concerned for the well being of my children as I was and ensured that they presented several options along the way to ensure that we protected my children's needs as well as my financial situation. At each decision point they laid out a clear path, how it impacted the children, the financial situation. They even reminded me that my ultimate stated goal was the best interest of my children each time the other party got particularly challenging and my frustration was getting the better of me. The owner handled my case personally and was exceptionally well versed in the unique aspects of a divorce involving the military and associated benefits. Won't need them again (fingers crossed!!! :) ) but would totally recommend them to anyone!read more

sandi R.

17:19 28 Jun 18

We had a fairly complicated case in Family Court and Juvenile Court. Kip was an... excellent attorney. He covered every base there was to cover and left no stone unturned. I would highly recommend him to anyone going through custody proceedings. Hildebrand Law is an excellent law firm and I am confident that Kip or any of their other attorneys would do an excellent job! Thanks Kip and Hildebrand Law!read more

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21:20 02 Apr 18

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.read more

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21:53 27 Feb 18

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Hannah S.

23:16 28 Nov 16

A Google U.

17:44 23 Jun 16

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.read more

greg r

01:32 04 Jul 15

I retained Kip Micuda for representation during my divorce and would... wholeheartedly recommend him to anyone that's going through the stress and daunting reality that ensues. He was able to explain the process and put my mind at ease, that is as best as possible, so that I could focus more on my day-to-day tasks of fatherhood and financial provider. Kip is not another pompous lawyer but more of a seasoned advocate that can navigate you out of the mess we refer to as marriage. You were right Kip. It does get better!read more

Lisa R.

17:59 02 Jul 15

I retained Chris as my lawyer back in 2006 to settle my divorce. I felt like I... was well represented and that my case was more than just a job. Divorce/child custody is a very unpleasant time in one's life and to have someone like Chris Hildebrand guide you through the process is a huge relief!read more

Jim C.

00:19 24 Apr 15

Kate K.

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Laura O.

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Lindsay B.

06:53 27 Sep 14

I cannot express enough how thankful I am that I found Hildrebrand Law. Chris... Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.read more

Tanya K.

00:36 19 Mar 14

Terri H.

17:00 01 Nov 13

When I originally took care of my divorce I did it on my own. Well, that... wasn't the best choice; as I found myself years later needing to correct agreements I made to protect my son's best interest. After a year of attempting to battle my circumstances from another state, I found Hildebrand Law and Kip Micuda. From the start Kip saw the importance and urgency to help me. My case was not in the jurisdiction of the law firm but Kip met with his partner Chris Hildebrand and they agreed to take my case. From there, Kip and the firm worked diligently and tenaciously on my behalf despite the multiple obstacles that continued to arise. Not only did they push through those obstacles, Kip was also there for me during emotional distress, reassuring me that we would get through it. In the end, we conquered those obstacles and set up a better situation for my son; of which I am deeply grateful. It doesn't end there. My case weighed very heavy on my finances and through my entire case the Firm was very generous with their time, costs and continually worked with me. I couldn't be happier with the results and the care and generiosity I was shown. Thank you Hildebrand Law! You are the best!read more

Bianca Zumbo C.

01:28 09 Oct 13

Tracy Steele V.

21:23 04 Aug 13

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16:02 28 Jul 13

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When is Mediation a Bad Idea in Arizona | Hildebrand Law, PC

Table of Contents

Mediation Is Not Always the Answer

When Should a Party Mediate

More Articles About Divorce in Arizona

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