Benefits of Using Mediation in an Arizona Divorce
- posted: Oct. 27, 2023
- Family Law
If you’re getting divorced, the word “mediation” is one that you'll likely encounter. Judges in Arizona, as in other states, often order mediation in divorce cases, particularly when disagreements arise over issues like child custody and asset division. Mediation can also be used voluntarily to resolve contested issues, which can result in multiple benefits for divorcing couples.
In mediation, a neutral third party, known as a mediator, helps facilitate communication and negotiation between the parties. Mediations typically take place in private offices or other informal venues. The following are among the main benefits of using mediation in a divorce in Arizona:
- Speedier resolution —Litigated divorce cases can take a long time, some dragging on for weeks or months. Mediation allows you to set your own pace and work toward a quicker resolution.
- Cost-effectiveness — Litigating a divorce can be quite expensive due to legal fees, related costs and lengthy court processes. Mediation, because of the simplified proceedings involved, costs significantly less and the expenses are easier to control.
- Reduced stress and conflict — Divorce can be emotionally challenging and litigation can escalate tensions between the parties involved. Mediation encourages open and constructive communication, helping to reduce conflict and stress levels for both spouses and any children of the marriage.
- Preservation of relationships — For couples with children, maintaining a positive co-parenting relationship is crucial. Mediation focuses on finding mutually agreeable solutions, which can help preserve the ability to function together as parents after the divorce is finalized.
- Customized solutions — Mediation allows you to tailor post-divorce arrangements that are suited to your particular situation. In court, decisions are made based on legal standards, but in mediation, you can create agreements that specifically suit your family's needs and circumstances.
- Confidentiality — Mediation is a private process unlike court proceedings, which are generally public. This confidentiality can help protect your personal and financial information from becoming part of the public record.
- Greater control — Mediation puts control in your hands. Instead of having a judge make decisions for you, you and your spouse have the ability to shape the outcome of your divorce. This empowerment can lead to more satisfying and sustainable resolutions.
In Arizona, judges frequently order mediation in divorce cases involving disputes over parenting issues such as custody and visitation, in recognition of the potential for reaching amicable solutions. However, mediation can also be initiated voluntarily. The parties in a divorce mediation are usually represented by their own lawyers. An experienced Arizona divorce attorney can help you decide whether mediation is the best path towards a post-divorce scenario that works best for you and your family.
Clark & Schloss Family Law, P.C. in Scottsdale, Arizona assists people in all aspects of divorce proceedings, including mediation in appropriate cases. Please call our office at 602-789-3497 or contact us online to arrange a free initial consultation.