Family Court
"Brandon was my attorney through a family court case. I moved to Arizona to fight for joint 50/50 custody. He was personable, knowledgeable, and responsive throughout — and he listened to exactly what I wanted in the outcome."
Mediation
A calmer path to resolution.
Mediation is voluntary and private — both parties work with a neutral third party to reach an agreement they can live with, without surrendering the outcome to a judge.
Voluntary Process
Neutral Third Party
Lower Cost
Faster Resolution
Understanding Mediation
What is Mediation?
Mediation is a voluntary process where parties come together to try and reach an agreement they can live with. This can be a good alternative to going through the court because it can take a long time for a case to go all the way through to a trial. In Arizona, most judges will require the parties to attempt some form of mediation prior to setting a trial.
In mediation, both parties meet with a neutral third party who works to help them reach a resolution. A family law mediator can save the parties money, prevent disruption to their daily lives, and encourage communication. Both parties are given the opportunity to have their say, and the mediator is tasked with treating each party with respect and assisting them in reaching reasonable solutions.
Mediation can be used to help resolve family conflicts or any other disagreements that may arise between people.
Resolution without the courtroom
Keep control of the outcome, your time, and your privacy — with guidance from experienced family law counsel.
The Process
How to Handle Divorce Mediation
In Arizona, the chances are very high that your judge will require some form of settlement attempt before setting a trial. The court may have you attend Alternative Dispute Resolution (mediation through the court), or the parties may elect to attend private mediation. The most important aspects of both are the same.
No Forced Agreement
The mediator cannot force you to agree to anything you do not want to agree to. Your consent is required for any resolution.
Binding When Signed
If you do agree, the agreement may be binding when it's in writing and signed by both parties — or read on the record by a court-appointed mediator (judge pro tem).
Middle Ground
Many mediators say a sign of a successful mediation is when both parties leave a little unhappy. Settlement requires concessions on both sides — but the trade-off is control.
Why Choose Mediation
A smarter path than litigation.
Here are some of the reasons why choosing mediation over litigation is recommended for most Arizona families.
Stay in Control
You don't have to go to court to resolve your differences. Work out a solution together and keep control of the outcome.
Save Money
Resolve your dispute without going to court — and avoid the unnecessary attorneys' fees that come with extended litigation.
Move Faster
Mediation is typically quicker than litigation. A complicated case can take two years or more all the way through trial.
Higher Success Rate
When both parties talk directly with a neutral guide, there's a better chance of reaching a satisfactory solution.
Save Your Time
You won't have to wait for the court to decide. You can come to an agreement on your own timeline.
Stay Private
Avoid the publicity of a lawsuit. Keep your family matters out of the public record.
01
What to Expect During a Mediation Session
A mediator will ask questions to help the parties better understand each other's positions and will make suggestions to help find solutions. The mediator does not have authority to impose an order — that means the parties must agree before anything becomes binding.
You can't "win" or "lose" a mediation. The goal is a workable resolution that both sides can live with, not a verdict.
02
How to Prepare for Mediation
The mediator will likely require a mediation memorandum outlining the issues and each party's positions. In most cases, the parties don't see each other's memoranda.
Prepare by gathering all relevant documentation — financial statements, custody schedules, communications — and developing a clear, concise explanation of your positions and priorities. The more organized you are, the more productive your session.
Common Questions
Frequently Asked Questions
To help the parties to a dispute come to an agreement that is acceptable to both of them.
The mediator is usually a lawyer with experience in the field. If the mediation is through the court, the mediator will be an attorney appointed as a judge pro tem, with authority to enter an order consistent with the parties' agreement — but not anything outside of it.
Parties typically agree on the mediator beforehand. If you don't like the mediator after the process begins, you'd need the other party to agree to switch — and the court is unlikely to order a second mediation absent some demonstrable issue. Usually you're better served working through it and trying to resolve your case.
The mediator will write the terms of the agreement and each party signs. Under Arizona law, that signed agreement is binding. A Consent Decree consistent with those terms is then drafted and filed for the judge to sign.
It depends on the complexity of the case and the parties' willingness to negotiate.
The mediator asks questions to help each party better understand the other's position, and makes suggestions to help them find workable solutions.
The mediator will likely require a mediation memorandum outlining the issues and each party's positions. Gather your relevant documentation and prepare a clear explanation of your positions.
You can't win or lose a mediation. The mediator has no authority to impose an order — any binding agreement requires both parties to agree.
If you don't want a mediator, you can attempt to settle with the other party directly.
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Want to mediate a family law dispute?
You and your ex might not agree on everything — but you probably agree on more than you think. The Sander Law Firm can help you work through the open issues and reach a settlement you can both live with.
- Private mediation
- Court-ordered ADR
- Memo preparation
- Settlement strategy
Call 480-454-3990Or fill out the form →
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