The Sander Law Firm
Mediation
What is:
Mediation
How to Handle Divorce Mediation
Here are some reasons why choosing mediation over litigation is recommended:
- You don’t have to go to court to resolve your differences with your partner. You can work out a solution together and maintain some control over the outcome.
- It saves you money. You can resolve your dispute without going to court, and you won’t have to pay unnecessary attorneys’ fees.
- It can be quicker. Mediation is usually quicker than litigation. Litigating a case all the way through trial can take two years or even more in a complicated case.
- It’s more likely to succeed. If you try to resolve your dispute by talking to each other, there’s a better chance that you’ll reach a satisfactory solution.
- It can save you time. You won’t need to wait for the court to decide what to do. You can come to an agreement on your own.
- It can help you avoid bad publicity. You don’t want to be in the news because of a lawsuit. You don’t want your family to be negatively affected by bad publicity.
Frequently Asked Questions
The purpose of mediation is to help the parties to a dispute come to an agreement that is acceptable to both of them.
The mediator is usually a lawyer who has experience in the field. If the mediation is through the court, the mediator will be an attorney appointed by the court as a judge pro tem. The judge pro tem has the authority to enter an order with the terms of your agreement, but cannot order anything outside of the parties’ agreement.
The parties will generally agree upon the mediator prior to attending mediation. If you do not like the mediator after the process has begun, you can try to reach an agreement to mediate with a new mediator. The other party would not have to agree to this and the court is unlikely to order a second mediation outside of some demonstrable inappropriateness on the mediator’s part. Most likely, you would be better served to overcome your dislike of the mediator and try to resolve your case while you’re there.
The mediator will present you with the proposal of the other party. If you agree, the mediator will write the terms of the agreement and each party will sign. Under Arizona law, that signed agreement is binding upon the parties. A Consent Decree, consistent with the terms of the agreement, will need to be drafted and filed with the court for the judge to sign.
It depends on the complexity of the case and the parties’ willingness to negotiate.
A mediator will ask questions to help the parties better understand each other’s positions. The mediator will also make suggestions to help them find solutions to their problems.
The mediator will likely require a mediation memorandum to inform the mediator of the issues and each parties’ positions on each issue. In most cases, the parties do not see the memorandum from the other party. You can prepare by getting all of your relevant documentation together and providing the mediator with a clear explanation of your positions.
You can’t win or lose a mediation. The mediator does not have the authority to impose an order on the parties, so the parties must agree for any binding agreement to be reached.
If you don’t want to have a mediator, you can attempt to settle with the other party directly.
If you don’t want to have a mediator, you can attempt to settle with the other party directly.
Want to mediate a family law dispute?
You and your ex might not agree on a lot, but you might have some things you can agree on. Maybe you both like to spend time with your family, or you both value your kids’ education. The Sander Law Firm can help you work through these issues to help you achieve a family law settlement you can both live with.
