Divorce Mediation - The Preferred Divorce Process
When you get divorced one of the first decisions you must make is what process you will use: How will I get divorced?
This is an important question because the “how” can make all the difference in the world between a “good” divorce and a “bad” divorce.
There are now several divorce process options to choose from, all offering benefits and cautions. I view it as a continuum, from the “Do-It-Yourself” (“Kitchen Table”) divorce to a “War of the Roses” divorce with aggressive litigation lawyers involved. There are a lot of options in between these two extremes, such as mediation, collaborative process and traditional litigation with attorneys who are settlement oriented.
Having practiced family law for more than 15 years, I recommend mediation as the preferred method of getting divorced. I am trained in litigation, collaboration and mediation and have done them all. My experience with these different processes has shown me that mediation is the best option for most people. Mediation is the perfect blend of professional assistance mixed with affordability and speed.
- What is mediation?
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A mediator is a neutral professional who will help you and your spouse negotiate your divorce settlement. A mediator is not a judge. When I mediate I facilitate the communication between you and your spouse. I will provide you general information about Arizona law. I will help you identify issues and brainstorm solutions. Because I have handled thousands of divorces, I have a lot of ideas that will get you started creating your own solutions. I will provide you referrals to other professionals that you may want to work with, such as Financial Planners or CPA, appraisers, business valuators, attorneys, therapists, divorce coaches and child specialists. We will work together to create a customized divorce process tailored to the needs of your unique family.
- You’re an attorney. Will you be my attorney in mediation?
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No, if I’m the mediator, I will not be the attorney for either spouse. This means that I will not give either of you specific legal advice. I will remain neutral and will not take one side over the other. Many mediation clients find that it is helpful and provides a sense of comfort to have a consultation with an independent attorney who will provide them specific legal advice. I encourage this and will provide a list of experienced mediation friendly attorneys for you to consult with during your mediation process.
- What will my time commitment be?
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That is an excellent question but one that requires a different answer for just about every case. At a minimum, you should plan on at least one, two-hour mediation session and some cases require 3-5 two-hour sessions. But you also need to plan for spending time on your divorce that takes place outside of the scheduled mediation meetings. You may need to gather and copy documents; fill out inventory and/or budget forms; research various assets and/or options for dividing assets; arrange for appraisals of property, and various other “legwork” that needs to be completed.
In mediation, you and your spouse will do much of the work yourself. This is one of the reasons that it costs less. Instead of paying attorneys $250-$350 per hour to gather documents for you, copy them, prepare formal disclosure and discovery paperwork which can costs thousands of dollars, you do this leg work and disclosure yourself.
free ½ hour Mediation Consultation.