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Why Mediate Your Divorce in Arizona | Hildebrand Law, PC

Fri 8th Apr, 2016 Arizona Divorce Laws

Some people ask why mediate your divorce in Arizona. We want to tell you about several reasons you may want to mediate your divorce in Arizona.

First, we want you to understand that mediation is a way of resolving differences outside of court. In Arizona,

It provides an alternative way of working out divorce issues with your spouse.

In mediation, you and your spouse sit down with a neutral person to work out your divorce issues. You don’t have to solve all issues to get benefits from mediation.

Even if you find a solution to one issue, you save yourselves money, time and emotional turmoil. If you can resolve most issues in mediation, you spare your kids the trauma of being in a hostile, antagonistic environment that can feel like a tug-of-war for their loyalties.

Mediation is not always successful, but it’s well worth a try, given all the potential advantages.

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Three Top Reasons to Try Mediation in an Arizona Divorce

Divorce Mediation in Arizona Saves You Money

When your marriage gets bad enough that you decide to divorce, you may find that the price for untying the knot is higher than you thought.

In most cases, both you and your spouse will each need to hire a divorce attorney to represent you in a contested procedure that can take nine months or more to complete.

With average attorneys in Arizona charging from $250 to over $400 per hour, lawyer fees add up fast in a divorce.

And if your divorce is high conflict, you may end up owing your attorneys tens of thousands of dollars.

Given the costs of divorce, various alternative ways have been developed – and approved by the Arizona courts — to help to divorce couples negotiate an agreement about how to divide property, debt and parenting time. Arizona divorce mediation is one.

Family Court conciliation mediators don’t charge you for their services.

But even if you have to pay fees to a mediator in private mediation, the average cost of a mediated divorce in Arizona – including court filing costs — is around $5,000.00.

You Control the Outcome in Divorce Mediation in Arizona

Divorce Mediation in Arizona.

Mediation is a popular method of working through divorce issues because – unlike a court trial or even arbitration – the divorcing couple stays in control. In a court trial, the judge hears your side and your spouse’s but makes the final, binding decision himself.

Even if you don’t like it, even if you find it inequitable and just plain wrong, you are legally bound to follow it unless you take and win an appeal.

In a mediation, the two people involved in the divorce get to write their terms. The mediator is there to help you find solutions you can live with, not to impose an outcome.

Compromise is essential in mediation. It’s not likely you and your spouse are going to think alike on all divorce issues, so the more open-minded each of you remains, the better chance you have of resolving your case in mediation.

However, each party has the ultimate veto. If either you or your spouse refuses to sign off on a divorce mediation agreement, there is no agreement.

Divorce Mediation in Arizona Is Quicker and Less Hostile than a Divorce Trial

The length and scope of a mediation depend on you and your spouse and whether you go into the process with a good-faith willingness to compromise and a desire for the process to work.

Successful mediation can take one day or several days, but it is certain to be considerably shorter than a divorce trial. The brevity of the process makes it automatically less stressful. It’s also less stressful because it isn’t an inherently hostile procedure.

In mediation, you work with your spouse to find solutions to your divorce issues, rather than battling it out with him. You each have your own agenda, of course, but, unlike a trial, there are no winners or losers. This alters the energy between you in a way that can make post-divorce parenting issues easier to resolve.

Mediation Is Confidential

What happens in mediation, stays in mediation. If your mediation is successful, the resulting agreement will be filed with the court for approval and then become part of the court record.

However, regardless of whether the mediation is successful or unsuccessful, all of the discussions that happened in the mediation are private and confidential, and won’t become part of the public record. This encourages candor and compromise.

Reasons to Use Divorce Mediation in Arizona

Reasons to Use Divorce Mediation in Arizona.

As divorce becomes a more common occurrence in our society, the unfortunate reality that it could happen to you is unsettling. With a rising divorce rate, the way in which divorce is handled has had to evolve and adapt.

Rather than a cut and dry procedure, there are many twists and turns necessary to see the separation through to completion.

For many people facing a divorce, the idea of a knock-down, drag-out court case is the last thing they would like to do, but may not know of another way.

That is where divorce mediation comes in. Mediation is a way for spouses, former spouses, and entire families to come to a solution without the bare-knuckle brawl that can be a court proceeding.

Here at Hildebrand Law, PC, we are proud to provide divorce mediation services for couples and families in this situation. Today, we will take a quick look at what mediation is and how people facing divorce can use it to make their situation easier.

Understanding Divorce Mediation in Arizona

Divorce mediation is a way for two parties in a domestic separation to agree on terms of the divorce without a judge or court getting involved.

It is coming to a resolution without going to court, which is often more than desirable for many involved in a divorce process.

A mediation requires only the parties who are seeking a divorce and a third party. Often, mediators come in the form of certified mediation professionals and lawyers.

Lawyers often make good mediators for several reasons. Not only are they trained and expected to be impartial in any case and present only facts, but they have no skin in the game when it comes to mediation.

Mediating parties simply need someone who can listen and help them hammer out their problems without any unnecessary interference.

It is a much more intimate setting, which allows the couple who is seeking a divorce or legal separation to be more comfortable and candid when determining the terms of a split.

Scottsdale Arizona Divorce, Family Law, and Estate Planning

Divorce Mediation over Divorce Proceedings

For many people, lawyering up is, in and of itself, too much to handle. Not only do you incur steep legal fees, nearly always charged hourly, but you also find yourself going through the mental and emotional gauntlet that are court proceedings.

For many folks, they feel as though a lawyer may not be the best avenue through which they could share their wants and desired outcomes.

It also means that the result of the divorce proceedings is handed down by a judge.

This can mean that neither party is pleased with the ruling, causing them to attempt an out-of-court modification or another auxiliary legal avenue.

Mediation presents an option for a divorcing couple to find common ground and get as close to the desired outcome as possible.

Yes, mediation is based on the idea that compromise will occur. However, it allows the parties to come to a compromise themselves, rather than being at the mercy of another party.

The mediator is also a draw for the couple, as this is someone who does not pass judgment on their case and instead offers advice when necessary.

Mediators are essentially conversation conduits, giving those in need of an outlet and, occasionally, a referee the option.

The fees are also a draw. As mentioned, legal fees for court proceedings can rack up quickly. From travel to expenses to countless hours of preparation, the cost will take even the most financially stable for a loop.

With a mediator, the costs, while still not cheap, will be far less than court proceedings and other legal fees would cost.

If you need information about why you should mediate your divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce mediation attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce mediation around today.

Frequently Asked Questions About Arizona Divorce Mediation

Does Arizona Require Mediation in a Divorce?

No, Arizona does not require mediation. However, most Arizona judges will send the parties to mediation if they haven’t already mediated their case.

Why is Mediation Important in a Divorce in Arizona?

Mediation is important in Arizona because it can save you a lot of time and money, as well as put you in control of the outcome of your divorce.

What is the Downside to Divorce Mediation in Arizona?

A possible downside to divorce mediation in Arizona is that it may seem like a waste of time and money if you are unable to settle your divorce through mediation.

How Long After Divorce Mediation in Arizona is the Divorce Final?

You cannot get divorced any sooner than 60 days after the date the divorce petition was served on your spouse. After that, a divorce can be final in as little as a week or two after divorce mediation; assuming you settled all of your issues in that divorce mediation.

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