Mediation

Although a divorce is commonly thought of as an oppositional experience, the reality is that only a small percentage of divorce cases ultimately go to trial before a judge. The majority of cases are instead resolved by the parties through mediation. Mediation is a healthier and less contentious means by which parties are able to negotiate the terms of their divorce, including property division, parenting time, and support. Advantages to mediation are numerous, but perhaps the most notable is that mediation enables the parties to ultimately retain final approval over the terms of the agreement – whereas if they were to go to court, the parties would be bound to whatever the judge ordered.

Settling a divorce through mediation can not only be a less stressful approach, it is usually faster and less costly.

Mediation for Divorce in Arizona

Parties are able to take part in mediation at any point in the case. What happens in mediation is confidential. The mediation process is led by an independent and neutral mediator whose goal is to facilitate understanding and agreement between the parties, and to keep them in control of their own divorce terms. A mediator does not serve as an advocate for either party, but rather, is an unbiased party who has a strong knowledge and understanding of the law so he or she is able to provide the parties with objective information as to their legal rights and how a court might potentially rule on an issue. A strong mediator will use their expansive understanding of the law to craft creative agreements and settlements that ultimately satisfy both parties, and will have the negotiation skills necessary to reach agreements on issues that might have previously seemed unresolvable.

Due to the emotional nature of divorce, mediation in a divorce typically is performed by splitting the parties and their respective counsel into separate rooms. The mediator then acts as an intermediary between them, traveling back and forth between the respective rooms exchanging settlement proposals. This way, the parties are often able to get through and complete the divorce and negotiations without having to be in the same room.