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This site briefly introduces you
to mediation as a method of settling divorce disputes. You are encouraged
to explore mediation as a better way to resolve issues surrounding divorce.
Children as well as spouses will benefit from this peaceful means of
resolving a difficult situation. |
| What is divorce mediation? Divorce mediation
is a collaborative, confidential, problem solving process in which the
two of you, with the help of a neutral mediator, will decide the terms
of your divorce. The mediator will help you define the unresolved issues
and will facilitate a collaborative process to develop solutions. You will be assisted in identifying and valuing all marital assets and debts, and in developing a plan to allocate them fairly. The mediator will help you determine living costs and translate those costs into possible spousal support needs. If you have children, you will be assisted in developing child support needs based on court guidelines and other factors unique to your situation. A parenting plan acknowledging your children as important human beings will be created. |
| How does divorce mediation differ from litigation?
In mediation, you decide the details of your divorce; in litigation, the
court will decide for you. Mediation is held in a relaxed setting with
no formal rules of procedure. Either of you can discontinue mediation
at any time, and later litigate the divorce, if you choose. There are
no retainers; you pay fees on a "pay as you go" basis. |
| How does mediation differ from counseling? Marriage
counseling deals with relationship issues; divorce mediation deals with
legal issues surrounding divorce. Mediators who are mental health professionals
would not serve as both mediator and therapist. Likewise, an attorney-mediator
would not serve one of you as legal counsel and both of you as mediator. |
| How costly is mediation? It is difficult to
make any blanket statements about cost, but the cost of a mediator is
likely to be much less than the cost of two attorneys' fees plus other
litigation expenses. |
| How long does the mediation process last?
Mediation of divorce with minor children typically takes about six
two-hour sessions. Mediation of specific family issues or mediation of
divorce without children usually requires less time. |
| Can all divorces be mediated? Mediation is voluntary
and requires good faith effort by both of you. Spousal abuse that is severe
and/or recent may preclude divorce mediation, and mediators screen clients
for this situation. |
| What occurs in a mediation session? Each party
comes to the session prepared to discuss unresolved issues and proposed
solutions. The mediator will help each party express his or her views,
will provide alternatives for consideration, and will help the couple
reach consensus. After all issues have been resolved, the mediator will
draft a property settlement agreement (and parenting agreement, if needed)
to be filed at the courthouse with the other legal documents. |
| How can I locate a mediator or find out more about mediation?
Mediators are listed in the yellow pages of the Phoenix area telephone
books under Mediation Service. Please feel free to contact me by email
at lowell.crary@azbar.org.
I am happy to answer general questions about the mediation process, but
questions about your specific case should be referred to a local mediator
or attorney. |
| ©2005 Lowell Crary, all rights
reserved. Arizona Divorce and Mediation is a trademark of Lowell Crary. |
