Divorce Mediation And Alternative Dispute Resolution

When divorcing spouses disagree on important aspects of the dissolution of their marriage, they may either volunteer or be ordered by the court to seek divorce mediation. This alternative dispute resolution can help spouses peaceably settle their differences and avoid a trial. If you are involved in a contested divorce in Mesa, Arizona, consider contacting an experienced family law attorney or mediator with Sullivan Shick by calling (480) 719-2558 to schedule a consultation.

What Is Divorce Mediation?

Divorce mediation is a meeting typically held in the office of a neutral third party, known as the mediator. Mediation is often conducted in sessions lasting two to four hours, and some cases may require multiple sessions to reach an agreement on all the issues. Mediators help couples work through the various issues that can arise as part of the divorce. The mediator facilitates communication between the spouses as they negotiate with the goal of reaching a mutually agreeable resolution.
A mediator helps the spouses define their individual needs while encouraging them to develop creative solutions. During mediation, the parties are asked to set aside adversarial tactics that are commonly used in litigation and to focus on collaborating to resolve the pending points of dispute. Through divorce mediation, divorcing couples have the opportunity to maintain more control over the outcome of their divorce than they would have if the judge decides the important matters.

Benefits of Choosing Mediation Over Litigation

When couples choose an alternative dispute resolution to settle their divorce, each spouse and the couple’s children can benefit from improved emotional wellbeing. Other benefits of choosing mediation over taking a divorce to trial include:

• Control: Couples who utilize divorce mediation will often have more control over the outcome of their divorce versus having a judge make the important decisions for them. The spouses actively participate in the decision-making process, compromising to reach solutions for their unique circumstances. 
• Cost: Because most divorce cases reach agreements during mediation and do not need to go to trial, mediation is often less expensive than litigation. Avoiding lengthy court battles with the associated attorney fees and expenses, divorcing couples can save both time and money through mediation.
• Confidentiality: Many divorcing couples choose mediation over litigation to protect their privacy. A confidential mediation can help to protect a family’s personal information that would otherwise be a matter of public record at trial.
• Children: When there are children in a marriage, the divorcing spouses will need to continue their parenting relationship after their marital relationship has ended. Mediation helps them to focus on creating solutions that prioritize the best interests of the children and avoid the hostility and division that are often exacerbated by taking a case to trial. When the parents can work together to create a co-parenting plan, they minimize conflict and promote healthy relationships with the children and each other.
• Cooperation: Because mediation is less adversarial than litigation, its cooperative and collaborative environment can help to reduce emotional stress and animosity that are often part of divorce litigation. The mediator encourages the spouses to cooperate throughout the process of settling all aspects of the divorce.
• Compliance: According to the American Bar Association, mediations end in agreements at least 70 percent of the time, and the participants are often much more satisfied with the results than those who go to court. When a divorcing couple successfully reaches an agreement during mediation, the former spouses are also more likely to comply with the terms of their divorce than those who are subject to a judgment after trial. 

In addition, mediation offers an informal, relaxed environment that can facilitate the process of settling contentious matters. For many divorcing couples, choosing mediation over litigation can lead to a more amicable resolution, which can allow both parties to move forward in a more positive manner.

Steps in the Mediation Process

According to the Arizona Bar Association, mediation is typically a voluntary and confidential process that is similar for most cases. The steps in the mediation process include:

• Introducing the parties and the process: The mediator will offer introductions and explain the overall purpose of mediation and guidelines for the process
• Identifying the issues: The mediator will help each party identify interests, needs, and concerns that the parties will need to resolve during mediation
• Gathering information: The mediator will gather all available information about the issues that the parties need to resolve, including financial documents, child custody arrangements, and any other relevant information and documents
• Developing options: With a focus on finding creative and mutually beneficial options, the mediator will facilitate brainstorming sessions to help the parties come up with potential solutions
• Negotiating: The parties will negotiate in order to compromise and reach an agreement on each issue. The mediator will guide the parties to ensure that each agreement is fair and specific 
• Writing the agreement: Once the parties have reached agreements on all the issues, the mediator will assist in drafting a formal agreement between the parties to present to the court

The specific steps and timeline of the mediation process may vary depending on the complexity of the issues and the dynamics of the couple. A skilled divorce mediation attorney with Sullivan Shick may be able to provide more information about how the process can work for your case.

Tips for Effective Divorce Mediation

Whether the spouses choose mediation or receive a court order to go to mediation, they will benefit from an effective divorce mediation process. Keep the following tips in mind to make the most of a mediation opportunity:

• Arrive prepared: Prepare in advance to bring all necessary documents and information to mediation sessions, including financial records, custody schedules, and any relevant legal documents
• Keep an open mind: Be willing to listen to the mediator and the other party and consider alternative perspectives. Be open to compromise and creative solutions
• Focus on the future: During mediation, avoid dwelling on past grievances and focus instead on finding solutions that will work for the future. The best interests of the children should especially be a top priority
• Communicate effectively: Each party should clearly express needs and concerns and practice active listening during mediation. Understanding the other party’s perspective can help with finding a compromise that will satisfy both parties
• Practice patience: Mediation can take time, especially when there are complex issues. When each party remains patient and committed to the process, they will be better able to reach a fair and satisfactory agreement

Remember that the mediator is there to facilitate communication and to guide the process. The role of a mediator is to remain neutral while helping the parties find common ground.