An Arizona Mediation May Be A Way To Avoid Litigating Your Divorce
Have you considered what happens in a normal litigated divorce? You have to deal with enormous attorney fees and aggressive letters from the other party’s lawyer, and non-stop requests for documentation of your private life. When all is finished, it is common that one or both of the divorcing couple are not entirely happy with the outcome.
Arizona Divorce Mediation is an alternate to litigation
The basic process for Arizona divorce mediation is described below. The process is usually as follows when the divorcing couple do not have lawyers.
The first step of the procedure is for both of the divorcing spouses to agree to the mediation. You can take advantage of the free consultation which is often provided by a mediator in order to reach the conclusion of whether mediation is right for you and your partner. Although meeting at separate times is an option, if both parties meet with the mediator at the same time, the consultation is most effective. The spouses may think that the mediator may favor one spouse over the other but this is false. Going to the consultation together will reassure both parties that the mediator is neutral. Additional information about mediation is available at Arizona Mediator.
How the process differs if the parties have attorneys
What if both spouses engage lawyers? In that case, the procedure is different. In that instance, the lawyers take over scheduling the mediation. The mediator is provided with a Mediation Memorandum which lists the issues and expectations of both parties. Generally the divorcing couple and their attorneys can get together and complete the mediation in one session four to eight hours in length.
Prior to the mediation, the couple will each fill out a form requesting basic information about the parties’ assets, debts and other issues related to the divorce. At the first mediation session, the couple does not have to have knowledge of everything about their financial picture or even what terms they want in the divorce.
The mediation usually takes place over the course of two or more two hour sessions, but the mediation sometimes can be finished in one day. Because not everything will be revealed at the first session, the couple will often need time in between sessions to gather information or documentation. Professionals such as property appraisers, child specialists or attorneys can also assist the parties before they come to an ultimate agreement.
Even when couples use mediation to settle their disputes, the parties still have to file paperwork with the Superior Court in Arizona to get a divorce. The mediator can assist the couple in obtaining and filing the appropriate forms and paying the accompanying filing fees, although she cannot give legal advice.
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.
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