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FREQUENTLY ASKED QUESTIONS
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 FAQS:
- Why is using a joint mediator more cost-effective than using separate attorneys? Mediation enables the parties to communicate directly with each other, thereby saving the attorneys’ fees incurred in communicating through counsel. For example, in traditional cases, one party communicates his wishes to his attorney and his attorney drafts a letter (or “settlement proposal”) to the opposing party’s attorney. The opposing attorney must then communicate the terms of the settlement proposal to his client and respond to the proposal via telephone or mail. This process might continue for months before an agreement is reached or may finally have to be set for trial. Communicating through separate attorneys most often increases the time it takes to settle a case, and unnecessarily escalates costs.
- If we use a mediator, will we be satisfied with our final settlement? Negotiating is a process of give-and-take. Both parties start with their respective positions, and throughout the course of mediating the case the parties reconcile their positions by meeting somewhere in the middle. This process of negotiating ordinarily results in a settlement that is satisfactory to both parties. Studies indicate that couples who resolve their family law case through mediation are typically more satisfied with the outcome of their case, and are less likely to litigate issues as they arise in the future.
- Can a couple use both a mediator and separate attorneys? Yes. Though it is not necessary that parties retain individual counsel while participating in a mediation, some choose to do so. Individual attorneys are able to advise their clients regarding that party’s legal rights. Additionally, separate attorneys may review any agreements reached or documents drafted as a result of the mediation, and advise his or her client accordingly.
- Will mediation result in a less favorable settlement than litigation? It is common for divorcing parties to seek their “day in Court” or wish “to be heard.” However, that day in Court is often disappointing, at best. Due to the high numbers of family law cases pending in the Phoenix metro area and the limited number of judges available to hear the cases, the judges do not have time outside of the Courtroom to become personally acquainted with an individual family's unique circumstances. Additionally, our trials and hearings are limited by time constraints and court rules. It is not uncommon for an entire marriage to be dissolved, relocation issues to be determined, custody and parenting plan to be established, and assets and debts to be distributed during in less than four hours in front of the Judge. Divorce mediation enables the parties to spend as much time as necessary to determine all issues pertaining to their family law matter, thereby often resulting in a more favorable settlement than litigation.
- Is it possible to go through mediation if one parent or party lives in another state or country? In appropriate circumstances, we can communicate with both parties via electronic means, such as a joint telephonic conference call, or e-mail. However, parties occasionally elect to make a trip to Arizona for a joint mediation session. If this is the case, we will make every attempt to work within the traveling party's schedule or time frame.
- Is it possible to go through mediation in high asset cases? Yes. As in a litigated divorce, often times an appraiser is called upon to determine the appropriate value of real estate or a business. In many instances an expert may be required to assist with retirement plans or investments.
- Can we decide to mediate if we have already filed for a divorce? Yes. It is certainly not necessary to initiate your divorce with the Court before beginning a mediation, and may not be the most cost effective way to begin the process. However, mediation may be an excellent option if the parties decide after filing for a divorce that they want to try to avoid litigation.
- Is it possible to go through mediation if we don't get along at all and don't want to see each other? Possible, but probably not the best case scenario. The success of a mediation is often directly related to the parties' willingness to be present in the same room, willingness to communicate with each other and to jointly communicate their wishes to the mediator.
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