This website is designed to provide only general information pertaining to family law matters in the state of Arizona. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Any information provided in this website shall not constitute legal advice nor establish any type of attorney client relationship. PERRY LAW FIRM, PLLC does not make any guarantee as to the accuracy or currency of any information contained herein or created through use of any link to another website contained in this website.

MEDIATION

Please note that PERRY LAW FIRM'S approach to divorce, post-decree, paternity, custody, parenting time, or child support proceedings will always be to act so as to not make a bad situation worse. We will try to ease tensions, avoid hostility, and maximize the ability of the parties and their family lawyers to arrive at a fair and reasonable settlement. Many studies and our own experience show that a negotiated agreement between the parties serves both parties best. An agreement allows the parties to "fine tune" matters between themselves in a way that courts are often unable to do. The court will never know a case as well as the parties and their attorneys do. An additional bonus in a negotiated agreement is reduced legal expenses.  There are understandably less legal expenses involved in negotiating a settlement than in trying a highly contested case in court. Therefore, it is always prudent to work out a settlement if possible.  Typically, parties who utilize divorce mediation are often:

• more satisfied with their agreements;
• spend less money; and
• get results faster.

What Is Mediation?

Mediation is one alternative to litigation. Mediation can be used in almost any type of family law case, such as divorce, legal separation, post-decree modification matters, establishment of paternity, custody, parenting time, or child support, grandparents’ rights, etc.  Mediation is a commonly-used method of family law dispute resolution that is an alternative to the more traditional courtroom trial. It is the process whereby the parties meet with a trained mediator who works toward assisting the parties in reaching an agreement. The mediator tries to facilitate an agreement, but does not force either party to agree. In short, both parties should make a good-faith attempt to agree on issues of the marriage or other type of family court case, including custodial arrangements or property division, for example. Neither party, however, should feel that the "agreement" was forced upon him/her. If it is not possible to reach an agreement, another form of resolution, such as a trial, can be used.

Who Is the Mediator?

Most mediators have either social work or psychology training, although some also have legal training and some have training in all three fields. Many are highly skilled professionals with substantial experience in the field.

As a lawyer/mediator, Perry Law Firm can provide legal information to assist couples in making informed decisions about such issues as shared parenting and financial matters. A couple of advantages to utilizing the services of an attorney for mediation are (1) that as your matter draws to a conclusion, the attorney can draft the final settlement agreement and file the required documents with the Court on your behalf, and (2) that legal fees are usually shared by the parties and usually substantially less than fees incurred in a court battle. Perry Law Firm often encourages mediation in those cases where both parties are amenable to working toward an agreement in an amiable manner.

Perry Law Firm is able to both provide a private, professional setting and to act as a neutral party to help couples resolve their legal matters from beginning to end, thus allowing the parties to work toward beginning their new lives with minimal stress.

What Is the Length of Mediation?

The average mediation process takes approximately ninety (90) days.  Individual mediation sessions can often be concluded in an hour or less, but multiple meetings over a period of time may be required to reach a complete settlement. The length or duration of the mediation process and the number of mediation sessions needed is dependent upon, but not limited to , such factors as the complexity of the case, whether or not children are involved, and whether the parties have discussed their issues and reached any agreement prior to commencing the mediation.

The following is an overview of our mediation process (with a divorce case used as an example):

1. We will first schedule an initial consultation with both of the divorcing spouses. During this initial consultation, the attorney will obtain preliminary information about your specific family law matter, and the attorney will describe the mediation process as it pertains to the circumstances of your particular family law case. Additionally, the attorney will answer any questions you may have about the mediation process, and the attorney will assist you in determining whether Perry Law Firm’s mediation process is suitable for your divorce or family matter. During the initial consultation and any follow-up sessions, the attorney will emphasize that we will remain neutral, and that our role is to assist both of the parties in reaching an agreement.


2. At or following the initial consultation, if the divorcing couple selects Perry Law Firm to act as their mediator a Mediation Agreement is executed.


3. Mediation sessions can begin prior to filing the Petition for Dissolution with the Court. In such instance, the attorney can assist with filing any required documents with the Court.  At the initial mediation consultation, the attorney will discuss the mediation process with the parties, attempt to discern all relevant issues pertaining to your divorce or family law dispute, and assist both parties in working through these issues.


4. When the mediation process begins, one party will be designated as the “Petitioner.”  Our attorney/mediator drafts the Petition for Dissolution on behalf of the Petitioner.  The Petitioner signs the Petition, and the Petition is then filed with the Court.


5. The other party, the "Respondent," is served the Petition and other papers by signing an Acceptance of Service.  Ordinarily, this Acceptance of Service is signed in our office, but it can be mailed to the Respondent for signature if necessary or desired.


6. The parties then begin and will continue with mediation session(s) to reach agreements on all relevant issues.  These sessions can take place in-person, or may be accomplished via electronic discussions such as teleconferences or email. 


7. When the mediation session(s) conclude, the final documents can be drafted by the attorney/mediator.  The parties will have an opportunity to review the documents drafted by the attorney, and the attorney works with the parties to make necessary revisions and corrections.  When the documents are finalized, the Decree of Dissolution and other final documents will be signed by both parties, notarized, copied, and filed with Family Court Administration for the Judge's final signature.


8. The documents memorializing your agreement will be reviewed by the judge. When the Judge has reviewed, signed, and entered the decree, copies are sent to the parties and the dissolution is complete.  The written agreement is now the Order that governs your post-Decree relationship with your former spouse. 


9. There may be follow-up work to be done, such as changing titles on homes, refinancing mortgages, changing titles on vehicles, and dividing retirement accounts. These issues can be overseen by the attorney/mediator or handled solely by the parties.

 When children are involved, the topics to be mediated are obviously expanded.  Most couples with children will meet with the attorney/mediator between one and four sessions. Often, divorcing couples without children can meet with the attorney/mediator only once.  Of course, many factors can influence the duration of your mediation, and during the initial consultation the attorney/mediator will attempt to give you an idea of how long your particular mediation will take.

From the date of service, Arizona law requires a mandatory 64-day waiting period before the final divorce documents may be filed with the Court.  As such, in Arizona, no process can complete your divorce in less than approximately ninety days; regardless of whether the process is mediated, assisted by an attorney, or handled on your own. However, it is almost always possible to complete an entire mediated divorce within approximately ninety days. Contested litigated divorces can take several months to several years to complete.
 
What are the advantages to Mediation?

There are numerous advantages to participating in a family law mediation over the more traditional adversarial approach.  Some of those advantages include:

1. Cost-Effective.  Family and divorce mediation is typically more cost-effective. During a litigated or contested approach to divorce, the parties participate in separate meetings with separate attorneys; the attorneys must communicate not only with their respective clients but also with each other; and despite any ongoing settlement discussions, the attorneys are ethically required to make preparations for court. In contrast, mediation relies on direct communication between the parties, which often results in a more timely and cost effective conclusion of the divorce or other family law matter.


2. Maintaining Control.  Family and divorce mediation permits the parties to control the outcome of their case.  Together, you and your spouse or co-parent will determine how you will share time with your children, how you will make major decisions concerning your children, the amount of child support needed, whether either party will pay or receive spousal maintenance, how property should be divided, and who should pay any outstanding debts or financial obligations. 


3. Acceptable Agreement.  Cooperative negotiations allow for creative settlements that are custom-tailored to suit your specific case.  This process of negotiating results in a detailed settlement that is acceptable to both parties. 


4. Best Interests of the Children.  It is important for co-parents to remain cognizant of the fact that, despite the parents’ separation, the parties’ children will require that the parties remain in close contact for many years to come.  As such, most co-parents desire an amicable settlement of their outstanding issues, thereby allowing the parties to move forward while remaining on civil terms.  Family and divorce mediation focuses on preserving the relationship between the parties, rather than further breaking it down. 

Your Lawyer's Role in Mediation

At Perry Law Firm, we always encourage lawyer participation in the mediation process. Many individuals find it prudent to hire an attorney to represent their best interest throughout the mediation process.

Perry Law Firm is willing and able to act either in the role of a neutral mediator, or as a zealous advocate representing one party’s best interests.  If you choose to utilize the services of Perry Law Firm to represent your best interests rather than to act as the mediator, we will meet with you before the mediation starts to discuss your legal rights. As your attorney, we should receive reports and updates from you as the mediation progresses to help us to continue to advise you of the legal ramifications of any agreements you seek to reach.

As with every issue and factor in a marital dissolution, each case progresses differently through mediation and each requires specialized and sophisticated responses to the process. We are at your service at any time to discuss the progress of your mediation, to suggest ways in which it might be more productive, and, in the appropriate circumstances, to intervene to bring an end to fruitless mediation procedures.

Whether representing you as your attorney throughout the mediation process or acting as a neutral mediator in your matter, we will always be available to answer any questions specific to your case. The above information is general in nature and nothing herein should be construed as legal advice. Please call our office at 480-491-5152 if you desire additional information or wish to consult privately with an attorney, or click here to contact us online.