Divorce rarely seems like a simple process, as it can involve much conflict, strong emotions, and often trauma. Even couples looking for an amicable divorce settlement can still encounter issues that can lead to difficult decisions and drawn-out battles. If you wish to avoid extensive courtroom litigation but find that you and your soon-to-be-ex-spouse do not agree, mediation may be a good option to make those difficult decisions.
Every divorce involves unique circumstances, and mediation may not be right for every couple. Knowing the pros and cons of divorce mediation in Arizona can help you determine if it is right for you.
What Is Divorce Mediation?
Divorce mediation refers to a process where a divorcing couple meets with a third party who serves as a mediator between the two. The parties involved often meet in the mediator’s office space or another neutral setting; sometimes, they can even meet virtually. Some couples prefer to bring their respective attorneys.
The purpose of mediation is to utilize the services of the mediator to facilitate discussion that leads to an agreement on the disputes in question. For example, mediators can help the discussion stay on track during contentious discussions regarding the division of marital property. Mediation can also help a couple create a parenting plan that meets the needs of the child or children involved. Once the disputes have been settled, they can be recorded in a settlement agreement and submitted to the court for approval.
Divorce Mediation Basics
As stated above, the purpose of meeting with a mediator is to reach an agreement on disputes that the couple is having trouble resolving on their own. Mediation also serves as a means to reach a fair agreement, as the mediator will focus on fair outcomes, steering the couple away from anything that triggers another dispute.
Couples may choose this route as a means of resolving disputes because it can also save them time and money, as consultation with attorneys may not be necessary as it is with court litigation. Instead, they can communicate with one another with the guidance of the mediator. The mediator can help the discussion stay on track as the couple discusses how they wish to dissolve the marriage and split property, assets, and time with their children. Not only can they save time and money, but they can also experience a more peaceful process through the divorce.
After a couple has come to a settlement agreement with the mediator, they can file for an uncontested divorce. The judge can often finalize the divorce within several months.
What Does a Divorce Mediator Do?
A divorce mediator serves as a facilitator or guide as the couple communicates about what they both want and need from a divorce settlement. This includes guiding conversations concerning assets that must be divided, parenting time, and whether spousal, child, or alimony support is necessary.
The mediator also understands the legal process of divorce and can guide the discussion with legal requirements in mind. However, the mediator cannot advocate for any particular decision and cannot represent one individual within the couple. It is the job of each spouse’s lawyer to represent them and advocate for decisions that are in their client’s best interest. The mediator also does not serve as a final decision maker, as a judge would do. Instead, they facilitate the conversation and guide the couple to make decisions together.
Anything said in the confidence of a mediator is confidential. However, if the couple chooses to stop mediation and proceed with the divorce process in court, the mediator may be asked to serve as a witness.
Divorce Mediation in Arizona
If you are considering divorce mediation in Arizona, it is crucial to ensure that you are properly prepared and know what to expect.
This means collecting any information that you will need, including any financial documents and a list of separate property and marital property, as your mediator may ask for this information as you begin. This information will also be required to facilitate the official division of property decisions in the final divorce decree. Before you begin the process, you should also determine specific goals that you would like to achieve from mediation.
Once you have decided on using mediation, you and your spouse will have an introductory meeting with your mediator. The three of you will outline the issues that you, as a couple, are trying to resolve. Each spouse will be able to share their thoughts on these issues. The mediator will then guide you through potential solutions to these issues with the goal of helping you come to an agreement.
Once you have finished the mediation process, your mediator may give you a document declaring every point discussed in the mediation meeting. You can use this document as one component of your divorce agreement. At this point, it is essential to review the document to ensure that the marital property has been fairly split and that any child custody or child support decisions are favorable. In addition, if retirement accounts, such as a 401(k), are involved, you will also need a qualified domestic relations order (QDRO), which must be created by your attorney.
In the event that you have reached an agreement during mediation before beginning the divorce process, your attorney can file your documents with the Arizona Family Court. If you have a consent agreement in which both parties have come to a complete agreement on everything involving the divorce, your attorney can help you complete the divorce process without the need for courtroom litigation.
The Pros and Cons of Divorce Mediation in Arizona
As with any legal solution, there are pros and cons to choosing divorce mediation. It is wise to understand both the positive and negative aspects of mediation before choosing to use it in your divorce process.
Mediation Pros
There are numerous benefits to mediation:
Less Stress for You
Divorce through mediation can be a less stressful choice for you and your soon-to-be-ex spouse. Although you may have a more complex divorce with many decisions regarding what is divided and how it is split between you, a mediator can be an effective solution to help you navigate divorce hurdles and make decisions together. A mediator can help you identify issues you need to address, suggest potential solutions, and even help ensure all necessary paperwork has been completed.
Less Stress for Your Family
As you go through mediation, you may find that it is less stressful on not only you and your spouse but also your children. One major benefit of mediation is giving you and your spouse an informal and safe space to be yourself and openly communicate with each other. This can help improve your relationship with each other as co-parents despite the fact that the marriage is dissolving. It can also help with your relationship with your children, as they see that the divorce is being settled amicably.
Increased Control
With mediation, you also have more control over the outcome of your divorce. Because a mediator does not make decisions for you, as a judge would, it is up to you and your spouse to make the decisions. The two of you can determine what you would like your future to look like. This can involve creative solutions to your unique situation instead of relying on a judge to determine a solution for you.
Speedier Divorce Resolution
Mediation typically allows for a faster resolution to your divorce, speeding up the process significantly. When you must proceed to courtroom litigation, you are working within the court’s parameters, which can take much longer than if you and your spouse were able to work out your differences together. In addition, mediation can help you arrive at a solution more quickly than if you and your ex attempted to negotiate alone.
Cost Savings
Using mediation can also save you money. If you don’t resolve how you would like to split marital assets and property or determine how to split parenting time, then this will have to be determined in court after beginning the divorce process. The more there is to negotiate, the more the legal fees will add up. With mediation, you will likely spend less money than if you were to go to court.
Scheduling Convenience
With mediation, you retain more control of your schedule, as you and your spouse can schedule meeting times with your mediator when it works for you. If you were to proceed to courtroom litigation, the court’s schedule would determine your meeting schedule for you. Oftentimes, even when you are scheduled to appear in court, you may still have to wait for a significant amount of time for the judge to be ready to see you. Mediation allows for much more flexibility to fit into your schedule.
Improved Communication and Relationships
At the completion of mediation, you and your spouse may be on better terms, as you have been able to work out your differences and come to an agreement on splitting marital property. Mediation is a tool often used for couples looking to start a better relationship. It can often help set a more positive tone for the relationship as they enter into a new phase of co-parenting.
Cons
Although there are many benefits to divorce mediation, there are also a few drawbacks as well:
Mediator Limitations
Divorce mediation may not be for you if you are looking for a single person to represent you and negotiate for you. A mediator will not do that, as they are a neutral third party there to guide the couple in making choices together. In addition, mediators are not allowed to give you legal advice. You will need an attorney for that purpose.
You Will Need a Divorce Mediation Lawyer
While it is possible to have a lawyer as well as a mediator, it may hinder the mediation process to have an inexperienced lawyer attend mediation. If you wish to meet with both a mediator and a lawyer, consider meeting with them at different times. Another option is hiring a divorce mediation lawyer who focuses on divorce law and can help you navigate through mediation and the divorce process.
Added Cost
Another downside of mediation is its cost. While mediation can save you money as opposed to using the traditional route of going to court throughout the entire divorce process, it is more expensive than a do-it-yourself divorce. Do-it-yourself divorces can be difficult in themselves, as you must figure out the divorce process on your own. For the vast majority of divorces, attorney representation is best.
Power Imbalance
A potential downside to mediation can occur if you and your spouse have an imbalance of power. If your spouse bullies and belittles you in order to get their way, or if they have attorney representation and you do not, mediation may not be for you. Mediation may be especially inappropriate for those spouses who have experienced domestic violence.
It may also be inappropriate for couples who have experienced financial misrepresentation throughout the marriage. This is especially true of spouses who have lied, hidden assets, or spent money frivolously. Mediation is all about reaching a fair settlement, but if one spouse is untruthful, then the mediation process will likely be unhelpful.
Deciding if Divorce Mediation Is Right For You
Every divorce involves unique circumstances, which is why divorce mediation is not right for everyone. After weighing the pros and cons, you and your spouse can decide if it will work for you. If you and your spouse decide to separate before the divorce is finalized, contacting a mediator may be a wise choice to save you money and time and help you come to a settlement agreement.
Consult With an Arizona Divorce Mediation Lawyer
Divorce is rarely an easy process due to the potential conflict and emotional trauma it can bring to the couple. Even couples trying to settle their divorce amicably will find issues they need to address while undergoing the process of ending their marriage. Divorce mediation can be a great option for those couples who are looking to come to an agreement rather than allowing a judge to make a decision. Mediation can prove to be cost-effective, flexible, and less stressful than litigation.
The Valley Law Group’s Arizona family law team is ready to help guide you through the divorce mediation process. Our skilled divorce mediation attorneys can help you anticipate the mediation process, give you insight into what will happen next, and answer any questions you may have. Contact The Valley Law Group to schedule a consultation and learn more about whether divorce mediation is right for your situation.
Sources:
- Cole, C. (2016, July 28). How can I get a consent decree signed by the court for my divorce? Azcourthelp.org; AZCourtHelp.org. https://azcourthelp.org/faq/divorce/350-consent-decree#:~:text=The%20court%20enters%20a%20consent
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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