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What is Divorce Mediation?

 

 

Divorce Mediation is the most common dispute resolution option; however, it is often misunderstood and confused with arbitration.

Mediation allows you and your spouse to reach a fair settlement with the help of a third, neutral party called a mediator. Mediators, who can be lawyers, mental health professionals, clergy, or other professionals trained in alternative dispute resolution techniques, help you and your spouse identify and resolve issues. This process keeps the decision making power within the grasp of the spouses involved in the matter. However, it requires the parties to be cooperative and negotiate a settlement that both parties agree to.

The most important thing to understand is that mediators cannot give either of you legal advice. They are not a substitute for having your own lawyer. The mediator’s role is to help you and your spouse communicate and reach agreement while your lawyer’s role is to make sure your legal rights are protected.

Mediation is confidential, allows you and your spouse to make the decisions, and is less expensive than filing a lawsuit. You can reach a positive agreement that is more customized than the one you might receive from a judge. In mediation, you are responsible for your attorney’s fees, as well as half of the mediator’s fees. In certain states, mediation is required by the court after a lawsuit has been filed; for example, Arizona often requires couples to attend mediation before a child custody trial and equitable distribution trial.

Jensen Family Law in Gilbert
4365 E Pecos Rd # 138,
Gilbert, AZ 85295
(480) 900-2302




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