You’ve heard it all: the huge attorney and expert fees, the aggressive letters from the opposing attorney, the non-stop requests for documentation of your personal life. This is the reality of a litigated divorce. It is common that, after all the trouble, neither of the divorcing spouses is happy with the ruling.

Arizona Divorce Mediation is an alternate to litigation

The basic procedure for Arizona divorce mediation is illustrated below. Here is the process when the divorcing couple do not have attorneys.

For mediation to be effective, both parties must agree to it. Often, mediators offer a free consultation of which you can take advantage, so you and your spouse can reach a decision on whether mediation is right for you. The consultation is most productive when both parties meet with the mediator at the same time, although they can meet at separate times. Doing this helps both parties see that the mediator is neutral and does not favor either one. Additional information about mediation is available at Arizona Mediator.

What to expect if both parties have attorneys

If both sides choose to have legal representation, it changes the mediation procedure. The attorneys have the resposibilities of scheduling the mediation time, and providing the mediator with a Mediation Memorandum, which sets forth what each party would like from the proceeding, as well as the issues relating to the divorce. The parties and their lawyers then meet at a mutually convenient time and usually complete the mediation in one session (usually four to eight hours in length).

A form requesting basic information about the couple’s assets, debts and other issues is completed by the couple before the mediation starts. Not knowing everything about their financial picture or what they might want in the divorce is a usual condition of the first mediation session.

Sometimes the mediation can be finished in a day. Usually, however it occurs over the course of two or more two hour sessions. Participants often need to gather information or documentation in between sessions. Assisting the couple before they enter into a final agreement, professionals such as property appraisers, child specialists or attorneys can be called in.

Even when parties use mediation to settle their disputes, the parties still have to file paperwork with the Superior Court in Arizona to get a divorce. Part of the mediator’s job, while unable to give legal advice, is helping the participants obtain and file the appropriate forms and make sure the filing fees are remitted.

Disclaimer: This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.

 

Tagged with: • • • • • • • •

Filed under: Divorce

Like this post? Subscribe to my RSS feed and get loads more!