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Home Is Mediation Right For My Divorce or Custody Case?


Is Mediation Right For My Divorce or Custody Case?

 

 

As the best divorce mediation lawyers in Gilbert AZ we often get asked, “is mediation right for my divorce or custody case?” This is a subject that I feel like people could really help themselves by thinking about before they file for divorce. Let me give you an example. A while back, I had a client who came to me and they were already in the thick of litigation. Mother and father had been married for a few years, had some children and they needed to deal with the regular family court divorce issues, legal decision making for their children, parenting schedule, child support, dividing property, dividing debt and alimony. And when it first started, they were generally on the same page but wife filed and then husband filed on his own, both of them did it on their own, but they were so incensed by the positions that the other person took that they started getting farther and farther away from where they had started. And by the time I got in the case we were already headed for trial and there was really no other way to go. Now, we did a good job in that case and I’ll tell you; sometimes you cannot avoid a trial. Because sometimes people just can’t reach an agreement and that’s okay. That’s why we have judges, that’s why we have attorneys and that’s why we have family law.

But it’s not always necessary and there are some downsides to going to trial, especially in a case where you could avoid it. You’ve got a judge who’s probably going to listen to your case for about two to three hours and then in that small period of time he has to listen to you and your spouse and hear all the issues about your children, your property, your finances and then make a decision. We have great judges here in Maricopa county and throughout Arizona, but that’s a lot to ask anybody to get it exactly right in a small three hour window. And as oftentimes happens, in that case we had some issues that we absolutely won on and some issues that we felt like the judge didn’t get exactly right. I’ve never had a case that goes to trial where every single issue goes exactly our way and that’s because judges are not infallible and a three hour window is a very short window in time to present your entire life and the life of your children to the judge so the judge can make the best decision.

Well in that case, while my client was still happy with the results, I feel like had I been involved earlier, there may have been some other options. Let me juxtapose that with a different situation in which mother and father both wanted to get a divorce, but they had talked about it and they came and saw me together and they said, “Hey Brandon, here’s what we want to do, is something you can help us mediate?” Here at the law offices of Kevin Jensen, this is one of the services we offer and what we like to do is sit down with both of the parties. And In that situation, I wouldn’t be representing either husband or wife, either father or mother, I’ll be sitting down as a neutral party and helping them resolve their concerns. And when I sit down with a couple in that situation, I’ll utilize my experience in knowing typically what a judge may do and knowing the law and how it applied to their case and helping them come to the middle. I don’t advise them and I don’t represent them in that situation, but often times it ends up where they can feel good about. There’s a compromise on husband’s part and a compromise on wife’s part and they can walk away feeling like they have resolved their case, and then we can make it all legal. We can send the documents to the court, the judge will sign them and the divorce will happen. It will be less expensive, it will be quicker and, generally speaking, the mother and father are able to get along with each other after the divorce much better, which is important if they’ve got minor children and they’re still going to be tied together to some extent throughout the rest of their lives because of their minor children.

So please, if you’re considering a divorce, think about some different options. Mediation is not for everybody, and I would never assume that two persons can always come together and reach an agreement, but it’s certainly something you should consider. Please give us a call. We’d be happy to sit down with you and talk about your options. Thank you.

For more videos answering common divorce mediation questions click here.

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




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