Arbitration
Arbitration is ideal when privacy is key: you can have a trial without ever going to Court. This method of dispute resolution works well for people with irreconcilable differences of opinion that agree on one key issue: they do not want to go to Court. Sometimes, people do not want to engage in face-to-face negotiations or feel that they cannot effectively mediate or negotiate because of the emotional elements involved. In those cases, you will find arbitration to be an effective method of obtaining an expert decision without the cost or stress of going to trial.
In some areas of law, this concept of “private trial” is quite common and valued for its speed of resolution, cost efficiency (in comparison with traditional litigation) and finality because you walk away with a binding decision without ever having to go to trial.
Donison Law Firm offers a three-person arbitration panel consisting of Pamela Donison (attorney arbitrator), Charles Scott (Pelleton Capital Management, Ltd., CDFA, Accredited Investment Fiduciary), and Sarah Matheson (MA, LPC, individual and relationship counseling).
You and your spouse will present your proposed resolution of the issues to the panel who will discuss and deliberate over your unique facts and circumstances. The three panelists will then collectively come up with an opinion that reflects their individual areas of expertise in a sensible plan that is tailor-made to your unique circumstances, needs, and desires.
Arbitration is equally successful for divorce, paternity, parenting plans, and post-decree issues. Arbitration is offered on a flat fee basis only.
For more information about arbitration, contact our
office. Top of page
Mediation
Mediation is one of the oldest and most
effective methods of resolving conflicts. Its roots lie in the
tribal tradition of bringing disputes before the elders for
resolution. The basic premise is that one or two people act as
third-party neutrals to assist two or more people in resolving their
conflicts. In some settings, mediation can be time-pressured,
coercive, or create an imbalance of power, resulting in agreements
that do not truly serve the parties or their unique needs. For that
reason, we encourage both parties to consult with their legal
representatives, therapists, counselors, child psychologists,
financial professionals, and religious mentors before committing to
a final agreement. Mediation is equally successful for divorce,
paternity, parenting plans, and post-decree issues.
For more information about mediation, fees and deposits, contact our
office. Top of page
Collaborative Divorce
Collaborative divorce is a process wherein each party is represented by counsel, a communication coach (usually a psychologist or other therapy professional), a financial expert, and a child expert. The overwhelming advantage of collaborative divorce is that it bypasses the litigation process in favor of parties working together to reach a fair and equitable settlement. Each party agrees at the outset not to engage in litigation and, if either party determines that litigation is necessary, all professionals involved are required to withdraw from representation.
For more information about the collaborative divorce process, see:
International Academy of Collaborative Professionals
Collaborative Divorce Professionals of Arizona (Maricopa County)
Arizona Association for Collaborative Family Law (Northern Arizona)
Collaborative Law Group of Southern Arizona
For more information about Collaborative Divorce, other professionals trained in the process, fees and retainers, contact our office. Top of page
Negotiated Settlements and Cooperative
Divorce
In some cases, people are able to work out
agreements on their own and only need some legal direction and
advice to finalize a divorce, parenting plan, or post-decree
modification. In those cases, we work with one or both parties to
accomplish their legal document filing, drafting of agreements, and
finalizing a decree or orders for entry by the Court. The process is
generally financially affordable and accomplished quickly and
amicably.
Negotiated settlements may be established
between the parties, with counsel, or with a host of professionals
assisting. Unlike mediation, in all cases of negotiated settlements,
the firm represents only one of the parties.
Cooperative divorce is similar to collaborative divorce in that the parties
agree to avoid litigation in favor of creating their own settlement.
It is similar to negotiated settlements in that parties work toward
a settlement with as little legal intervention as possible. Unlike
collaborative divorce, which is a distinct, formal arrangement
between the professionals and the parties, cooperative divorce is a
somewhat more informal process. Generally, each party is represented
by counsel, and may (as needed) call upon other professionals,
experts, and religious mentors to assist in finalizing their
agreements.
The process of negotiated settlements and
cooperative divorce are equally applicable to paternity, parenting
plans, and post-decree issues.
For more information about
negotiated settlements, cooperative divorce, fees, and deposits, contact our
office. Top of page
Premarital and Cohabitation Agreements
With divorce rates hovering between 40 and 70 percent nationwide (Arizona is at approximately 65%), a premarital agreement can be the difference between a catastrophic divorce and an amicable parting of ways in the event the marriage does not survive. Many people have a misconception about premarital agreements, believing they are only for the super-rich or that they indicate a lack of faith in the marriage. In fact, a premarital agreement is important if you:
- own a business or property prior to marriage;
- are an inventor or artist who owns and develops intellectual property;
- have children from a previous relationship;
- are guardian for a person who depends upon you for support;
- are entering a marriage where your incomes are very disparate; or
- want to preserve wealth for future generations in the event of a divorce.
Cohabitation agreements are very much like premarital agreements, except the contract contemplates that the parties (either heterosexual or same sex couples) are not going to wed, but are going to live together in a committed relationship for a long period of time. The cohabitation agreement can set forth terms regarding how bills are paid, responsibilities are shared, and income is allocated. The agreements usually also provide for how property will be divided in the event of a break up, when no marital property laws would apply. Top of page
Parenting Coordinator
As court-approved and trained Parenting Coordinators for Maricopa
County Superior Court, Pamela Donison provides parents in
conflict with a constructive and results-oriented approach to
communicating about parenting their children. The Court may appoint
Pamela to your case with or without your consent; however, it is always
their goal to achieve consensus and understanding with both parents
before resolving your unique parenting problems. In many cases,
parents choose Pamela to act as their Parenting
Coordinator because of their mutual desire to work together for
the best co-parenting relationship possible, while recognizing that
they may have problems to overcome.
The Parenting
Coordinator process is based on the mediation model. The coordinator
acts as a neutral party with the duty of assisting you in
interpreting and implementing your parenting plan or orders. The
primary concern is the health and well-being of the children, while
following the orders that are currently in place. A report of
agreements reached and/or the coordinator's findings and recommendations are
presented to the court in written format, to which each party has
the right to respond or object.
As Parenting
Coordinators, Pamela can assist through in-person meetings,
teleconferences, e-mail messaging or monitoring, and emergency
intervention for urgent or imminent problems that may arise.
To read the Arizona Family Court Rules regarding Parenting Coordinators, click here.
For more information about appointing either Pamela or Andrea as your
Parenting Coordinator, fees and deposits, contact our
office. Top of page
Judge Pro Tem
Pamela Donison was appointed by the Supreme Court of Arizona as a Judge Pro Tempore for Maricopa County Superior Court in 2005. As such, Pamela provides pro bono services through the Court for Family Court settlement conferences and sits on the bench for various Family Court commissioners and judges on an on-call basis .
Services for Colleagues
Meeting Space
Our offices are specifically
designed for professionals and parties to meet and work on resolving
conflicts of all types in a calm, neutral environment. For that
reason, we offer our meeting spaces for rent on an hourly basis to
attorneys, therapists, mediators, financial professionals, and
religious mentors so that they can conduct meetings in a well-suited
environment. Out-of-town counsel are also welcome to use our offices
at either hourly, daily, or weekly rates.
For more
information about renting our meeting spaces, contact our
office.
Presentations and Workshops
Pamela Donison enjoys assisting other professionals (financial,
therapeutic, educational, or religious) in providing information
regarding non-litigated divorce, child custody, paternity, property
division and parenting time. If you or your organization wants to
provide your clients or members with current and relevant
information, I will work with you to customize a presentation
particular to your specific interests.
For more information
about scheduling a presentation or workshop, contact our
office.
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