August 29, 2022in Mediation

What is Mediation?

Divorce is a significant and traumatic process that is difficult for everyone involved. There are several standard processes you can go through to get a divorce. These processes include spending lots of time and money hiring lawyers, fighting out all the details in court, sitting at a stalemate using a do-it-yourself online divorce, or deciding agreed-upon terms through divorce mediation.

Mediation is generally considered the better alternative for an amicable divorce. However, every situation is different, so deciding what process best fits your needs is essential. A successful mediation also depends on the divorce attorney’s ability to navigate the process successfully.

What is Divorce Mediation?

Divorce mediation is a process that allows both parties to create a settlement agreement. In a mediation, issues such as what happens to owned property, money, child support, and custody of children after the divorce are decided. This process takes place in a private setting, unlike getting divorced in a courtroom. In a mediation, the clients can have more control over the outcome of their divorce. The reason is that they can agree on their own rather than having a judge decide how to split their assets. Mediations also tend to be more civilized since a professional mediation attorney is present who acts as a neutral party. A successful divorce mediator will help both parties walk away feeling optimistic about their divorce settlement.

What Is Needed For A Successful Mediation?

Successful divorce mediation is when both parties can find a fair solution to all family law issues. Both parties must agree to mediate. Each person should be open to possibilities and try to leave ill feelings or negative emotions towards each other. Mediation is a voluntary process, so being willing to listen to one another is integral to success. Spouses must be able to set differences aside for the time. Successful mediations also need an impartial mediator who will facilitate the process without choosing sides. They will lead the discussion to cover all legal matters that must be dealt with in a divorce. Finding the best and most experienced divorce attorney to conduct the mediation is an integral part of the process. Make sure you choose the best local divorce attorney who understands the area’s laws. For example, if you live in Tucson, Arizona, you would want to find the best family law mediator in Tucson. Finding a lawyer in your local area is essential since they will know the laws and customs of your specific location. This can help you avoid making mistakes in your mediation.

What Should You Expect From Divorce Mediation?

Divorce mediation can be initially intimidating, but good divorce mediators in Arizona simply look to help you and your soon-to-be ex-spouse move on with your lives. While you should expect to be in charge of the discussion and ultimately make the final decisions, a mediator should help guide structured talks. They will expect you to be willing to discuss all of your finances and assets to make sure both parties get a fair deal. Since divorce can often bring up many emotions and hard feelings towards one another, a good mediator will also remain impartial and make sure the discussion stays on topic and professional. A mediator should redirect the conversation if a spouse gets overly aggressive or the meeting gets off-topic.

Where to Find A Family Law Attorney Near Tucson, Arizona

Feeling stressed, overwhelmed, and uncertain about what will come from your divorce is normal. However, professional mediation can make the process easier and more amicable for you, your ex-spouse, and your children. In addition, mediation removes unnecessary stress and fighting by allowing both parties to form their agreements privately.

Attorney Erika L. Cossitt Volpiano is an expert in Family Law and one of the best family law attorneys in Tucson, Arizona. Her experience has allowed her to perfect the art of helping others communicate clearly and come to agreeable terms. Contact us today if you are looking for a family law mediation attorney in Arizona or are interested in learning more about mediation.

Take control of your future. Visit our website elcvlaw.com, or call us at 520-795-2235 to set an appointment today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and we suggest you seek legal counsel if you need assistance in any of these areas.

Five Reasons Why You Should Consider Mediation

Mediation can help you avoid the stress of going through a trial.

Mediation is a process of resolving disputes through discussion and negotiation with the help of an impartial third party. It can be used for any dispute, whether it’s about money, property, custody, or other family law issues. The mediator does not make decisions but facilitates discussions that lead to agreements. Mediation has many benefits, including saving time and money. You don’t need to go through court hearings, trials, or hiring attorneys.

This blog post will discuss the benefits of divorce mediation in Arizona, how it works, and whether it is right for you.

Mediation is a less expensive and more private alternative to going to court.

How do you handle a disagreement with your spouse or partner? Do you go to court and employ a lawyer, or is there an alternative solution? First, let’s look at some stats: on average, couples will spend $15-50K on their divorce proceedings. Mediation can cost less than half that amount and often provides a private setting where no one else will know about your personal information. At first glance, it might seem like mediation won’t work because both parties have different ideas about what they want from their marriage. Still, in reality, mediators are trained professionals who understand how to navigate and negotiate a mutually beneficial outcome.

Mediation is a less expensive and more private alternative to going to court. If you consider this option, it can help to know what mediation entails before making your decision.

It's easier on children

Mediation might be the best option for your family if you have children! Mediation is a process that can help families resolve disputes easier for children. This process is especially true when parents are splitting up because it allows them to work together for their child’s best interests.

In a divorce, there are many difficult decisions to make. One of those is how you will handle custody of your children. Many parents believe that litigation and court proceedings are the only way to resolve this issue. However, mediation may be a better option for everyone involved in the situation – especially your children. When it comes time for couples to choose between going through a mediated or litigated divorce, they have two very different options before them. One can be more beneficial than the other depending on their unique circumstances and desires for their future lives together after divorce. While both options ultimately lead to a divorce being finalized by a judge or other legal official, mediating divorces rather than litigating can be better for all concerned.

Mediation is easier on children as they don’t have to sit through a tense courtroom proceeding that could last hours or days while everyone argues about who gets custody of them and other issues related to their lives post-divorce.

The outcome of mediation is confidential.

Mediation is a confidential process that requires the parties to reach an agreement without the help of a judge. Whether it be an agreement or not, the outcome remains private. The mediator can only share information with each party separately and may not disclose any specific details discussed during mediation. However, suppose mediation does not work out. In that case, the mediator will help you prepare for litigation by providing summary information discussed during mediation sessions and how this may affect your trial strategy. If you consider this option for resolving your divorce issues, look for a family law attorney experienced in the mediation process.

The mediator's goal is not to win or lose but rather to help both parties reach an amicable settlement.

The mediation process is less adversarial than litigation, and the mediator will work toward that end. The mediator’s goal is not to win or lose but to help both parties reach an agreement. In divorce mediation, the mediator may suggest that one party speak first before the other. Couples with marital issues can use mediation to resolve disagreements without going through a lengthy trial.

Four Principles Of Mediation

Mediation is voluntary. Both of you have to want to mediate, and either of you can stop the mediation process at any time.
Mediators are impartial. The mediator does not take sides and is always there for both of you.
Mediation is confidential.
In mediation, the clients are in charge.

You want to look for an experienced mediator who understands and abides by the abovementioned principles. Feel free to ask about them before you make your decision.

We know what it’s like to be in a stressful and challenging family law situation. You may feel overwhelmed by the stress of going through a trial, but we want you to know mediation is an alternative to help make things easier for everyone involved. Mediation not only enables you to avoid the high costs and long wait times associated with trials, but it also provides privacy benefits such as confidentiality which can benefit your children (and their therapist!). Suppose you are looking for Arizona mediation services in Tucson. ELCV LAW has over 30 years of experience helping people get through this arduous process, and we’re here to support you every step of the way. Take control of your future and call us at 520-795-2235, or visit our website www.elcvlaw.com, or fill out an online intake form – ELCVLAW/Intake Form today to discuss how mediation might work for your specific needs.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

Can a Parent Refuse Mediation?

Most child-related issues can be solved in the most pleasant way possible through mediation. Disputes involving children can often become messy and complex when families split up. Mediation can often provide a more civil alternative whereby families meet outside of court with a licensed neutral mediator who seeks to settle their dispute.

However, as part of a divorce, some spouses who tend to have more control in the relationship can try to use mediation as a tactic against their soon-to-be ex-spouse. This tactic leads some to wonder if a parent can refuse mediation. The simple answer is yes, but it also depends on the circumstances. Mediation is voluntary, meaning both parties must agree to participate before it can begin. However, there are different types of mediation that cannot be refused.

Refusal Depends on the Type of Mediation

Not all mediation is equal. Some mediation is court-ordered, meaning a judge has said that you and your spouse need to engage in some form of mediation. Refusing court-ordered mediation can have severe consequences. If your spouse merely suggests mediation before court proceedings, it can be rejected, but you often need a good reason to refuse mediation.

Can You Refuse Mediation Requested by Your Spouse Before Seeing a Judge?

If your spouse suggests mediation before seeing a judge, then you have every right to refuse it. However, your spouse will almost certainly bring your refusal of mediation before the judge. So, you need to have a good reason for refusing. Otherwise, you may receive sanctions from the court.

What are Acceptable Reasons for a Parent to Refuse Mediation?

There are two generally accepted valid excuses for refusing mediation. As mentioned above, mediation can sometimes be used by one spouse to try and gain the upper hand on the other when seeing a judge may yield a different result.

Spouses who hold significantly more power over assets and shared wealth may suggest mediation as a tactic to bully their ex-partner into an uncomfortable agreement. They hope to gain an advantage on items like child support by forcing you into mediation. In this instance, this spouse knows that going before a judge will likely result in them losing many more assets than they would like.

The same can be said for spouses with a history of domestic violence. Undoubtedly the abused spouse will use this history against the other spouse to prevent children from living with them. In mediation, this violent history may not come up.

If one of these instances applies to you, you should be able to refuse mediation without any consequences. However, if you, as a parent, refuse mediation without a valid reason, you may be sanctioned once the case gets to court.

Can a Parent Refuse Court-Ordered Mediation?

Certain states require all child-custody cases to undergo mandatory mediation before being put before a judge. Refusing to participate in this mediation can have serious consequences.

If you refuse to participate in court-ordered mediation, you open yourself up to contempt of the court. At the bare minimum, your refusal will be used by your spouse’s attorney to show that you are unwilling to negotiate. This refusal can affect how often you may be allowed to see your child. At its worst, contempt of the court can open you up to fines, jail time, or community service.

Mediation Attorney in Tucson, Arizona

In Arizona custody mediation, a parent refusing to participate in the process can bear various consequences depending on why the parent refused it and when mediation was presented as an option. Mediation can be complicated, but when you hire the right mediator specializing in family law and mediation to help you navigate this arduous process. Things can go a lot smoother.

ELCV LAW is an attorney specializing in Family Law in Tucson. Attorney Erika L. Cossitt Volpiano is a meditation expert, ensuring that parents cannot use mediation as a tool against their spouses. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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