Mediation is a form of dispute resolution that is used to help parents come to an agreement in child custody cases without a contested proceeding. In Arizona, the courts generally mandate mediation as a preliminary step to promote amicable resolutions that are in the best interests of the children involved. By encouraging parents to work together to formulate their parenting plan, mediation supports a cooperative approach, which reduces the emotional and financial costs involved. 

A neutral third party — the mediator — is in charge of the process. Unlike a judge, they do not make decisions. Nor do they provide legal advice. Instead, they act as a facilitator, helping the parents communicate, understand each other's perspectives and explore various options for resolving disagreements. The mediator also ensures that the discussions are balanced and that neither party dominates the process. Moreover, mediators are knowledgeable about the legal aspects of child custody and are trained to handle sensitive issues with discretion.

There are several potential benefits of mediation in child custody cases. It allows parents to maintain control over arrangements affecting their children's lives, rather than having a parenting plan imposed by a court. This can lead to more tailored and flexible parenting plan that suits the family’s unique situation. Mediation can also be less time-consuming and less costly than a court proceeding. And it is a confidential process, which can reduce conflict by fostering a more collaborative environment in which nothing that is said can be used in court.

To prepare effectively for mediation, a parent and their child custody attorney should work closely to decide on the issues to be focused on. This involves understanding the legal rights and responsibilities related to child custody. Parents should clearly identifying their priority issues as well as those on which they are willing to compromise. They should have on hand relevant documents and information, such as the child's schedule, medical history and educational requirements. They should also practice ways of communication that promote openness and compromise rather than positioning for advantage.

In Scottsdale, Arizona, the law firm of Clark & Schloss is well-equipped to assist clients in child custody cases through the mediation process. Serving clients throughout Arizona, the firm's attorneys are dedicated to achieving resolutions that help families move forward positively and constructively after a separation or divorce. Call 602-789-3497 or contact us online to schedule a consultation.