Mediation can reduce the cost and stress of disputes that arise during a divorce. Potentially, it could mean a divorce without going to court. What is mediation? It’s a process. It brings in a qualified, impartial expert to meet with both spouses, to hear them out, to listen to whatever conflicts they are having with the other partner. This could lead to what’s called ADR.
In Arizona, alternative dispute resolution, or ADR, allows couples to divorce without going to court. The procedure provides you with a legal way to settle disputes through mediation rather than litigation or a court hearing.
Mediation as a Means of Conflict Resolution in Divorce
Let’s discuss mediation. Mediation may assist spouses in resolving conflicts, whether it is used to mediate all contentious topics in the divorce or just one, like a parenting time plan during vacations. Mediation can help by:
- Assisting in defining and focusing on their conflict in order to promote resolution and compromise;
- Making it easier to determine how strong one spouse’s legal standing is comparable to the other’s;
- Assisting in keeping the court from dictating the terms of divorce after a trial and instead allowing the parties to remain in control of their agreement;
- Assisting to avoid the cost, stress, and unpredictability of a trial; and
- Facilitating your quicker transition into your new life.
Probably the most used ADR method is mediation. Before a trial, the procedure offers a medium for resolving disagreements in a divorce or family law matter.
What are the steps in a divorce mediation?
Selecting a trained divorce mediator is the first stage in the mediation process. A knowledgeable divorce mediator will be familiar with Arizona’s statutes on child custody, community property division, and family support.
By compiling facts about your financial condition, including your income, debts, assets, and spending, you may be ready for your first divorce mediation meeting. Also, you should be prepared to talk about your thoughts regarding the divorce and your parenting objectives.
An expert divorce mediator won’t make choices for you; instead, they will assist you and your spouse in communicating and negotiating the terms of your divorce.
The steps of divorce mediation often proceed as follows:
- To negotiate the terms of your divorce, you and your spouse meet with the mediator and one another.
- The mediator will support communication and divorce negotiations between you and your spouse.
- The mediator will draft a Memorandum of Understanding (MOU) outlining the details of your agreement once you and your spouse have come to an understanding over the terms of your divorce.
- The MOU will be signed by both of you and your spouse, at which point it will be legally binding.
- If both of you agree, the mediator may then put together the divorce papers that you will submit to the court.
Without having to go to court, divorce mediation can be a beneficial approach to come to an agreement on the terms of your divorce. Again, the mediator won’t decide for you, and before your divorce is complete, both you and your spouse must sign a legally binding agreement and submit a draft divorce decree to the court.
It’s important to keep in mind, however, that not all divorcing spouses are successful in coming to a settlement through mediation.
If you are unable to come to a separation agreement that addresses every aspect of your divorce, whether at the outset of the mediation or later on in the legal process (usually through your attorneys), you will have to go to court for a judge to make a decision on any outstanding problems in your case.
Who Benefits Most from Divorce Mediation?
In Arizona, one spouse can obtain a divorce on their own without the other spouse’s approval. Mediation is a means of easing the transition when the couples accept that divorce is impending.
Yet, couples who recognize that a divorce is inevitable and who want to lessen the effect of the separation on themselves and their children can consider mediation. The welfare of their children and family relationships is a motivating reason for many divorcing spouses to seek mediation.
Contact an Arizona divorce and family law attorney
If you have questions regarding mediating your divorce in Arizona, you should consider getting in touch with the divorce and family law attorneys at Goldman Law, LLC. Our lawyers have years of expertise successfully defending clients in divorce and family law disputes. We can use that experience to help mediate your Arizona divorce.
Contact us right now at (602) 698-5520 to resolve your family law or divorce matter.