Everyone has heard about the headaches associated with divorce litigation: huge attorney and expert fees, hostile letters from the other party’s attorney, and endless requests for documents and information about your private life that you must provide. It is common that, after all the trouble, neither party in the divorce is happy with the outcome.
Looking for an alternative? Try an Arizona Mediator
For a description of the basic process of divorce mediation in Arizona, keep reading. When the divorcing spouses do not have attorneys, the process is generally as follows.
First, the couple must agree to use mediation. Often, mediators proffer a free consultation of which you can take advantage, so you and your partner can reach a conclusion on whether mediation is right for you. The consultation is most productive when both spouses meet with the mediator at the same time, although they can meet separately. Doing this helps both spouses see that the mediator is neutral and does not favor either one. Additional information about mediation is available at Arizona Mediator.
If the parties have attorneys, the process is different
The mediation procedure is different if the parties have attorneys. 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 mediation session of four to eight hours long usually completes the process if both the divorcing spouses and their lawyers can meet at a mutually agreeable time.
Part of the procedure is completing a form that asks for basic information about the couples assets, debts and other issues. This occurs prior to the mediation. The parties do not have to know everything about their financial picture or what they want at the initial mediation session.
Taking place over the course of two or more two hour sessions is normal for a mediation, although it can be finished in one day. In between sessions, the divorcing couple will often need to gather information or documentation. Participants can also choose to consult with professionals (property appraisers, child specialists, attorneys) before coming to a final agreement.
Although mediation will resolve the spouses’ disputes, they will still have to file the divorce paperwork with the Superior Court in Arizona. The mediator is not allowed to give legal advice. However, she can assist the spouses in obtaining and filing the pertinent forms and making sure they remit the filing fees involved.
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.
