Divorce can be complicated and contentious. Feelings can run high between spouses who are separating. They may disagree about many family law issues, including division of property, alimony, custody, and child support. Mediation can resolve these disputes and make the proceedings run more smoothly.
Defining Mediation
During mediation, spouses meet with a neutral third party, called a mediator. The mediator may be a professional who provides services privately or through the Arizona court's Conciliation Services program. They act as an intermediary between spouses as they resolve outstanding issues related to their divorce. Under Arizona family law, most disputes about custody and parenting time are required to undergo mediation.
How the Mediation Process Works
At the start of the process, the mediator will hold an orientation with both spouses (together or separately) to introduce themselves, explain what to expect and establish confidentiality. They will begin gathering pertinent information about your background and request documents such as bank statements, tax returns, and other financial paperwork. They may ask you to fill out a questionnaire or write a statement framing the issues under dispute and your position on them.
Mediation sessions typically take place in an office or conference room, unless they are held online. The mediator may have both parties and their attorneys present during the entire session, or hold separate breakout discussions. During the session, they will facilitate negotiation and emphasize finding solutions.
After the spouses come to a compromise, the mediator will help draft a settlement agreement. It will be reviewed by the attorneys and submitted to a family law court to be incorporated into the final divorce decree.
When Mediation Is an Appropriate Solution
Mediation is a favored solution in many divorces, as it is generally faster and less expensive than regular court proceedings. It also gives the parties more control over the outcome and encourages better communication, which can bode well for future co-parenting.
However, mediation is not appropriate in all situations, particularly if one party has suffered domestic abuse or fears for their safety. You may also not find mediation helpful if your spouse has a history of lying or is actively attempting to delay the divorce.
For help with divorce or another family law matter, trust the experienced attorneys at White Mountain Law Group. Located in Show Low, AZ, the firm provides reliable legal counsel and representation to clients throughout Snowflake and Eagar. They can guide you through all aspects of a divorce, including division of property and child custody. Call (928) 537-1667 to schedule a consultation, or visit the firm's website for more information.
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