Mediation

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What is Mediation?

The purpose of mediation is to resolve disputes by agreement. Mediation can last one or more sessions. The length of mediation depends on the issues and level of agreement. Those issues typically include:

  • Legal decision making and parenting time
  • Child support
  • Division of assets and debts
  • Spousal support

The Role of the Mediator

Your mediator serves as a neutral party to help you and your spouse reach common ground to avoid a contested divorce. Mediators:

  • Manage communication between parties so all voices are heard

  • Provide input about the divorce process

  • Identify alternatives to resolution, looking for areas of compromise

  • Focus on finding the best resolutions for all parties

  • Provide realistic assessments to create paths forward

Rules of Engagement

  • All discussions in mediation are confidential. If mediation does not settle your dispute, mediators cannot testify, and offers cannot be disclosed.
  • Mediators do not offer legal advice to either party. They are acting as a neutral party. During mediation, you are free to consult with your attorney at any time.

Q & A

A: Mediation is a process where both parties meet with a neutral third-party mediator to resolve matters. Parties may be represented by counsel, or they may be on their own. The mediator may offer suggestions to help resolve matters, and they will help facilitate a discussion between the parties about the issues. The mediator does not offer legal advice, so if you are unsure about how the law would treat a supposed agreement in mediation, it is best to have counsel with you.

A: A court can order mediation through court personnel, which is at no cost. You can also choose private mediation. The cost of private mediation depends on the mediator.

A: In arbitration, the arbitrator will decide matters in the case in a process known as binding arbitration. In mediation, the mediator does not make decisions, and if an agreement is not reached, then the parties are in the same position they were in before they started.

A: No. In mediation, you can agree to as little or as much as possible.

A: No. Only an arbitrator or judge will have the power to make decisions. A mediator will only be able to help you by facilitating discussions, and offering suggestions, but, they cannot make any binding decisions.

A: Most likely. In Arizona, the court orders and schedules mediations prior to trial.

A: Besides that it is very likely required by the Court, mediation can be a great way to solve little problems, so that you can focus only on the big ones.