Divorce can be a complex and challenging hurdle to overcome in one’s life, but sometimes this stress can be alleviated with divorce mediation. Divorce mediation is a form of Alternative Dispute Resolution (ADR) that may help couples avoid going to court during a divorce, allowing them greater agency to negotiate their disagreements themselves. Divorce mediation can utilize the advice of an unbiased third party to help couples create a marriage settlement that is mutually agreeable for both parties.
However, many couples may have questions and concerns about divorce mediation. The inner workings and legal implications of the divorce mediation process can be confusing or overwhelming. Couples may wonder if legal assistance is required, what risks might be at play, or what the costs in time and finances might be. All of these are valid concerns and important to take into account when determining whether divorce mediation is the right choice.
An experienced Arizona divorce mediation attorney from Sullivan Shick PLC may be able to help answer these questions and provide insight into a specific case. Consider scheduling a consultation today by calling the office at (480) 284-2644 in Mesa or (623) 915-0944 in Glendale.
What is Divorce Mediation?
Divorce mediation is a form of Alternative Dispute Resolution (ADR) that employs an unbiased third party to assist divorcing couples outside of court. To finalize a divorce in Arizona, the couple must have a completed marriage settlement document, which outlines their decisions on several subjects such as parenting time, child custody, property division, spousal support, and more. However, these issues are often incredibly divisive, particularly with the high tensions and emotions that are often associated with divorce. This can make it difficult for spouses to agree upon and finalize a marriage settlement.
Divorce mediation aims to help alleviate these tensions and allow divorcing couples to come to a mutually beneficial agreement. A divorce mediator will help facilitate discussions and aim to help divorcing couples settle their disputes and agree on the terms of a settlement. In addition to this, couples may each bring legal counsel into the discussions with them to help ensure their legal rights are protected.
The Divorce Process with Mediation
The divorce process has many steps and challenges that one must overcome, and understanding how to navigate these twists and turns can be difficult. Generally, the filing spouse will complete a petition for divorce, serve the respondent, and wait for their reply. After this, if the spouses can agree on a settlement, they must then complete their divorce settlement and proceed to a hearing in the local court. However, if the divorce is contested this could lead to litigation and court battles before a divorce decree is finally issued.
This process can be long and challenging, but understanding how divorce mediation may fit in with this plan could help accelerate the process. Consider speaking with a skilled Arizona divorce mediation lawyer from Sullivan Shick PLC for more details.
Mediation Before Filing
Divorce mediation can be helpful for couples even before the divorce process has begun. Until divorce papers are filed and served, there is no timeframe or expectation of a completed marriage settlement. However, divorcing couples can begin negotiating the settlement even before papers are filed. Discussing and processing these issues in divorce mediation before filing for divorce may help couples come to a satisfying agreement, due to a lack of time pressure.
Mediation During Divorce Process
Some couples also choose to pursue divorce mediation after divorce papers have been filed. This is often when the matters of property division, child custody, spousal support, and others are more prominent in the minds of divorcees. Once the process of divorce has been initiated, courts may allow opportunities for couples to engage in divorce mediation. Courts generally benefit from couples resolving issues through divorce mediation, as it helps reduce strain on the court’s schedule and allows for sooner court dates for those cases that are more urgent.
Mediation After Divorce
Contrary to what many expect, mediation can also come into play after a divorce is finalized. If aspects of the divorce decree need to be renegotiated, a divorce mediator could help find a middle ground even after the divorce decree has been issued. Mediation can help avoid expensive legal battles over issues of co-parenting, moving away with children, and child support payments.
Divorce Mediation Benefits
Regardless of which stage of the divorce process an individual is in, divorce mediation could provide immense benefits by helping avoid further conflicts and saving time and money. Legal battles can be long and costly and may have adverse effects on one’s mental health due to stress and tension. However, divorce mediation may require a Waiver of Mediation according to the Arizona Superior Court in Pima County.
Conflict Resolution
One of the primary benefits of divorce mediation is assistance with conflict resolution. A divorce mediator is generally trained to address emotionally charged situations and help regulate tensions. With the added benefit of being an unbiased third party, a divorce mediator can help both parties feel seen and respected, which may help the negotiations progress quickly and without incident.
Time and Cost Benefits
Additionally, divorce mediation is often much cheaper and less time-consuming than litigation. While divorce mediators are not cheap, they can be fast if both parties are willing to work together to find a solution. This is generally more cost-effective than paying for legal services in a drawn-out litigation in court. Litigation is also a very long process that involves research, preparation, and waiting for court dates to be set. Mediation puts greater control over schedules in the divorcee’s hands.
Greater Control of Outcomes
Divorce mediation may also grant divorcees a higher level of control over the outcomes of the divorce settlement. In court, the judge has the final authority over decisions such as child support, property division, spousal support, and other matters not originally agreed upon before proceeding to court. Divorce mediation allows couples more authority over what is decided and finalized in a divorce decree. Divorce mediation may help couples find a mutually agreeable marriage settlement without the need for lengthy and costly court battles.
Speak with a Skilled Arizona Divorce Mediation Lawyer
Divorce mediation can be an invaluable asset to divorcing couples who are willing to work together to come to an agreement. While it may not be advisable for some, many people have found that divorce mediation allows them to communicate effectively and come to a mutually beneficial marriage settlement that avoids unnecessary conflict and helps meet the needs of those involved. For more information on how to approach divorce mediation, consider scheduling a consultation with a skilled Arizona divorce mediation lawyer from Sullivan Shick PLC by calling (480) 284-2644 in Mesa or (623) 915-0944 in Glendale.