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Mediation Vs. Court Divorce
December 8, 2022in Mediation

Mediation Vs. Court Divorce

Mediation Vs. Court Divorce

Is Mediation Right for Your Situation
Going through the process of a divorce is a scary and unpleasant time for everyone. Because marriage legally binds two people in the eyes of the state, getting a divorce necessitates splitting up all that was once shared property in the eyes of the law.
 
Court divorce involves hiring a lawyer and going through your state’s court system to litigate or argue your divorce in court. When you file for divorce, the court will decide how things like child support and property division are handled. This procedure is often a long and expensive process that results in the cessation of friendly relations between former spouses. In Arizona, family court or mediation are your two options.
 
Mediation provides an alternative to this. In divorce mediation, both spouses meet with a licensed and trained third party who seeks to solve all disputes outside of court. No court filing is necessary. Mediation involves sitting down with your spouse and the mediator and discussing issues like child support. Once both sides have come to an agreement, the mediator sends a signed copy of the settlement to the court.
 
In this article, we will break down the differences between mediation and court divorce in terms of how long each process takes, the cost of each option, and which choice is right for your situation.

Differences in Time: Mediation Vs. Court Divorce

Typically, settling your divorce through mediation is much faster than undergoing a court divorce.
 
During a court divorce, the timetable of your divorce is entirely in the hands of busy family courts. Unfortunately, many states lack family court judges, so you may find yourself waiting for many months before proceedings even begin. In addition, a family court must follow several lengthy processes during a court divorce. Even if you and your spouse end up agreeing on issues, these processes mean that even simple court divorces routinely take over a year or more to finalize. 

Mediation often takes days or weeks to complete. In mediation, there is no court-mandated timetable that must be followed. The mediator will reach out to both spouses and schedule meetings that work with the schedule of both parties. Depending on how long it takes the two sides to agree, mediation can be over in a matter of days or weeks.

How Much Does Mediation Cost Compare to Court Divorce?

Compared to mediation, court divorce is often costly for one key reason: the need for both sides to hire lawyers. It is technically possible but extremely rare to go through a court divorce without a lawyer. In a court divorce, lawyers must help each side effectively argue their case. Because of the length of court divorces, spouses can rack up substantial legal fees.

In mediation, lawyers are not always necessary. Some couples may hire individual lawyers as consultants to ensure they aren’t tricked into an agreement that favors one side over the other. However, even in this case, the expedited mediation timetable compared to a court divorce means that any hired legal help will collect much less in hourly fees.

Should you Choose Mediation or Court Divorce?

If you and your spouse are on civil terms and are willing to work with each other civilly, then mediation is the best solution to finalize your divorce. In order to successfully undergo mediation, you and your spouse need to be willing to sit down with a mediator and interact with each other on a level playing field.
 
Court divorce forces a more level playing field. Suppose you and your spouse are involved in a relationship where domestic abuse is present or where one side is significantly more powerful than the other. In that case, court divorce is likely a better option. If you and your spouse are unwilling to speak to each other, then a court divorce will allow lawyers to battle it out for you.

Family Law in Tucson

ELCV LAW can help you decide if court divorce or mediation is the right for your situation. If you need a Family Law Attorney or Mediator in Tucson, Arizona, don’t hesitate to contact ELCV LAW by filling out a request form at www.elcvlaw.com or call us at 520-795-2235. Take control of your future and contact Erika L. Cossitt Volpiano, P.C., for a consultation 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 it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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Arizona Mediation Services Firm
November 22, 2022in Mediation

What to Look For in an Arizona Mediation Services Firm

What to Look For in an Arizona Mediation Services Firm

Arizona Mediation Services Firm
Divorce is a personal and exhausting process. It is often difficult to negotiate with your spouse, and there tends to be plenty of negative sentiment that comes with changing your entire family’s life with a divorce. Because of this, it is best to go through the process with a firm you trust and respect. Finding a mediator you connect with, there can be less arguing and negativity throughout the process. 
 
While plenty of attorneys offer family mediation services in Arizona, it is best if you find the one that works for you and your spouse. Although every couple could value different characteristics in an Arizona divorce mediation firm, here is a general starting point to help you find the right one for you.

Trustworthiness

When searching for a mediation services firm for your divorce, you must select a firm you trust. A good mediator will guide the discussion and help both parties reach an amicable compromise. If you or your spouse doesn’t trust the mediator, it won’t be easy to finalize the process. The mediator will inspire trust and let both parties know they are there for them. Without trust, it can be difficult for clients to discuss important information necessary for a mediation session. Having a trustworthy mediator allows both parties to be more cooperative.

Patience

Finding a mediator with patience is another significant part of choosing the right mediator. Mediators will need to sit through some possibly infuriating discussions where one or both parties will be unreasonable. This part of the process can be challenging to sit through, but a good mediator is patient and understanding. A suitable mediator will not raise their voice and take the time necessary to get their clients their end goal. Mediation can sometimes also lead to discussing sensitive topics that patiently need sorting through until an acceptable agreement is reached. 

Communication Skills

In a mediation session, a good mediator will lead a discussion about each of the assets and how you should separate them. With many raw emotions in the air, disagreement can break out, and the parties may start to argue. A good mediator will also help keep the conversations neutral and steer them back into place if someone starts to get upset or accuses the other party of wrongdoing.

Impartiality

Impartiality is arguably the most important virtue in a mediator. The purpose of mediation is to come to an agreement privately without the decision of a judge. Basically, this means the mediator will need to take on the role of the judge and see to it that the agreement is fair. The mediator will also help ensure neither side gets taken advantage of, and they compromise a normal amount. For example, sometimes, if one partner is more dominant than the other, they may try to bully the other spouse into agreeing to poor terms. But with an impartial third party controlling the rules, both parties must be fair. A strong yet impartial mediator is precisely what is needed to leave your session with an amicable decision.

ELCV LAW Arizona Family Court Mediation

ELCV LAW is an Arizona custody mediation firm that specializes in helping spouses go through a painless as possible divorce. Erika L. Cossitt Volpiano, PC., is a divorce mediator in Tuscon who values establishing a connection with her clients and working through the solution together. Her guidance can help her clients open up and communicate their needs, ensuring the agreement is fair for both parties. She has been able to improve many partners’ relationships even after they have divorced. 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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How Does Arizona Family Court Mediation Work
October 19, 2022in Mediation, Relationship

How Does Arizona Family Court Mediation Work?

How Does Arizona Family Court Mediation Work?

How Does Arizona Family Court Mediation Work
In Arizona, mediation is a common technique for dealing with family court issues. It is an effective way to lessen family tensions and avoid lengthy court proceedings. With mediation, your family can reach an agreement as smoothly and quickly as possible. When it comes to family mediation, Arizona allows mediation for all cases, including child custody and other parenting agreements. 
 
Mediation is perfect for allowing couples to come to a complete agreement or for those who may feel they might not be able to reach an agreement easily. A mediation session can also be an excellent way to narrow down the possibilities and help clear up any confusion before a trial. Overall, the mediation process makes it easier to reach an amicable agreement. With the help of a family divorce lawyer in Tuscon, you can decide what to ask for in court and what the judge will most likely allow you to do. Now that you know a bit about Arizona family court mediation let’s discuss the actual mediation process.

How Does the Process Work

Here is a brief overview of the Arizona mediation process.

Preparation

The preparation meeting can be done in person or over the phone. Before the process begins, the mediator will talk to the two parties and discuss the steps for Arizona mediation services. The mediator can also answer any questions you may have before beginning the official sessions. This part of the process is an excellent time to discuss any worries or fears that may arise.

Opening Statements

The mediation sessions begin with the mediator giving the opening statements. The statements will help the mediator get a better sense of the issue and know how to guide the discussion. The mediator will discuss their role and confirm both parties are willing and agree to mediation. Once both parties agree, each party will discuss the issue and present their side. The mediator’s role is to remain unbias throughout the entire process. At this point, it is also a good idea to inform the mediator if a marital contract or agreement is already in place.

Joint Discussion

A joint discussion is when both parties and the mediator discuss everything presented in the opening statements. Here, the mediator unbiasedly guides the conversation by bringing up essential and relevant talking points. The spouses should prepare to discuss everything from the division of marital assets to where and with whom the child or children should live.

Private Discussion

After the group has discussed the situation together, the mediator meets with each person individually. In the private discussions, the mediator will inform each person of their position’s strong and weak points and help them understand what a court would likely determine. The mediator will also help the individuals strategize on how to make a compromise.

Negotiation

This stage aims to finalize an acceptable agreement for both parties. In this phase, both sides come into a room and discuss what they are willing to do to settle. Here both parties will need to present their arguments and discuss where they are willing to budge in the offer. 

Settlement

During the settlement, the two parties will need to both agree on the terms and conditions. At this point, if either party cannot agree, the case will have to go to trial.

Mediation in Cases of Domestic Violence

Cases of domestic violence are complicated to sort out with mediation. The perpetrator will almost always be aggressive and try to intimidate the other partner, making reaching a fair and appropriate agreement challenging. Cases of domestic violence must always go to court.

ELCV Arizona Family Court Mediation

Mediation is an excellent choice for parents who want to find a fair and amicable solution for separating marital assets and custody of their children. Aside from working out child custody, at ELCV LAW, we can also guide you through the use of mediation to discuss divorce modifications, child protection services matters, and property division. 

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 meditation as a tool against their spouses but rather as a way to reach a positive outcome for all concerned. 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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Why is Mediation Important to Any Relationship
October 14, 2022in Mediation, Relationship

Why is Mediation Important to Any Relationship?

Why is Mediation Important to Any Relationship?

Why is Mediation Important to Any Relationship
Disputes of any kind can often lead to broken relationships and hard feelings. This method is especially true when it comes to divorces. Divorces tend to result from problems in the marriage, and there is often lots of fighting in the household leading up to the divorce. Having a court battle over assets and money to get a divorce can perpetuate these feelings of anger, frustration, and uncertainty about what is to come.
 
Divorces are not only hard on the spouses who are getting divorced, but they can also be hard on children and extended family. That is why mediation is the best way to ensure the least emotional damage and trauma resulting from a divorce. 
 
Read on to learn how mediation can benefit relationships within a family.

How Can Mediation Preserve Your Relationship with Your Spouse?

Less Fighting

Before a divorce, there is usually plenty of fighting. An impartial professional family law attorney in Tucson, Arizona, will help direct the process, so there is less fighting during the division of money and assets. When you go to court to get a divorce, you both have to hire your own attorney to fight for what you want with little regard for the other person. Mediation can help preserve your relationship by easing uncertainty and anxiety about how much money each person will have after the relationship has ended. Although mediation can’t solve your current relationship, it can help conclude your relationship with less fighting.

Improve Communication

Experiencing a mediation process together can benefit your relationship with your spouse after the divorce. It may be difficult, but you must both set your differences aside and work together to find a resolution. During this process, you will need to listen to one another and keep an open mind about how the mediation might go. You will need to treat each other with respect and civility while in a mediation session, which can set a precedent for future conversations. The common goal of finding a solution peacefully between the two of you can be critical to mending your past differences. Mediation can also help improve your communications in the future as a divorced couple. Improved communication will also help you, co-parent.  
 

How is Mediation Better For Your Relationship With Your Children?

Less Hostility At Home

Divorces are almost always hard on children. However, mediation will be better for your relationship with your children since there will be less fighting in the home. When you are in the process of getting divorced, there is a time when you will still live with your spouse and children. During this time, there can be lots of tension at home, which can strain your whole family. Hostility in your home can cause confusion for children, and they may end up resentful. Lessening the anger and fighting within the home with divorce mediation can improve relationships with your children since they can see their parents as civilized and end the relationship amicably. In addition, you will be able to model common courtesy, respect, and civilization for your children.

No Picking Sides

Oftentimes, children get caught in the crossfires of personal battles with you and your spouse. It can get messy when you and your spouse go through a court battle. Your children may end up having to hear you and your spouse argue over who gets custody of them or other complex subjects. They also might start to pick up on your attitudes and anger towards one of you at home. As a result, they may begin to pick sides and hate one of you. This issue causes further division amongst your family and can lead to unhealthy relationships. Mediation is better for your family since it will show your children that you and your spouse can get along even though you may be getting a divorce. That way, they won’t feel the need to defend one parent over the other or pick sides.

We understand that divorce is hard for any family, but knowing that you can mitigate some of the trauma with divorce mediation is essential. Divorce mediation will allow you and your spouse to split in the most amicable way possible, making it easier for everyone in the family. If you are looking for a family lawyer in Tucson, Erika L. Cossitt Volpiano, P.C. is one of the most skilled attorneys in the industry. With more than 30 years of experience, ELCV LAW is considered highly professional among divorce mediators in Arizona. Take control of your future and visit our website at www.elcvlaw.com, or call 520-795-2235 to discuss how mediation could help your family through a divorce.

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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What are the 5 Steps of Mediation
October 6, 2022in Mediation

What are the 5 Steps of Mediation?

What are the 5 Steps of Mediation?

What are the 5 Steps of Mediation
Mediation can provide a less expensive and more civil alternative for many legal issues that might otherwise result in court proceedings. This option is especially true for a divorce. Divorce proceedings in court have the power to rip a family apart and degrade all relationships. 
 
 Mediation generally involves a licensed neutral third party who will help the two sides reach an agreement outside of court. Conducting this process usually involves five steps: the introductory stage, information gathering stage, framing/problem identification stage, bargaining stage, and the settlement stage. Read on to learn more about how this process works.

1. Introductory Stage

The introductory stage is the first stage in the divorce mediation process. The two parties must have their initial meeting with the mediator. The mediator will lay out the ground rules for the procedure. The mediator will discuss the rules and expectations for both parties. 
 
Part of the introductory stage is the assurance by the mediator that they are a completely neutral party who is not predisposed to favor one side over the other. The mediator will get to know each side before proceeding further. The mediator will ask both parties what they view as the problem and what they hope to get out of the mediation.

2. Information Gathering Stage

At this stage, the mediator must gather all relevant information about the case and the parties, including but not limited to assets such as homes, cars, boats, and all property owned by both spouses. The mediator must also hear about insurance policies, debts, or obligations to any outside party. During this stage, you must provide the mediator with financial statements so that they can adequately evaluate each party’s financial situation. 
 
This stage can take multiple sessions, depending on the complexity of your family’s shared assets. Your mediator will ensure that they properly explain how your state’s law may affect things like asset division. Different states have unique legislation about what exactly should be divided up during a divorce. 

3. Framing/Problem Identification Stage

The framing and problem identification stage begins after the mediator knows all relevant facts about the dispute. Here, the mediator will help each party flush out their reasons for wanting various assets as well as their concerns and questions. As part of this, the mediator will discuss what they feel the heart of the issue is and how it may be resolved.
 
This stage is generally fluid with the next, known as the bargaining stage.

4. Bargaining Stage

In the bargaining or negotiating stage, the mediator will attempt to provide solutions that make each party happy. This part of the process will likely mean that the mediator will give you and your spouse various options for how they see you divide your assets. 
 
In caucus, the mediator will put a proposed settlement on the table. Then, they will ask each side to attempt to amend the settlement until an agreement has been made. Depending on the success of this, “caucusing” can occur.
 
The bargaining stage can take a day or a few weeks, depending on how much you and your spouse disagree.

5. Settlement Stage

In the final stage of divorce mediation, both parties will reach a settlement. During this stage, the mediator will ensure that each party is clear on what exactly they are receiving and giving up as part of their settlement. 
 
The mediator will put the settlement in writing and have all parties sign. Once this document is signed, the mediator will submit it to the court.

Family Law in Tucson

Erica L. Cossitt Volpiano P.C. is a licensed Divorce Mediator in Tucson, Arizona. ELCV LAW provides relief for families who cannot agree to stay in a relationship but do not wish to expose themselves to a messy and expensive court proceeding. Take control of your future, and set up a consultation with ELCV LAW today by calling 520-795-2235 or visiting 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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Is Mediation Right for Your Situation
September 23, 2022in Mediation, Relationship

Is Mediation Right for Your Situation?

Is Mediation Right for Your Situation?

Is Mediation Right for Your Situation

While every divorce is unique, in Arizona divorce mediation is generally the preferred divorce process. It is a more amicable and affordable alternative to battling your spouse in court. In addition, you may use mediation to solve all divorce-related issues, including division of assets, custody of children, etc.

The process involves a family law attorney to keep the peace and ensure fair negotiations. However, the question is not whether mediation is a beneficial process. Instead, the question is whether mediation is a good fit for you. You can read more about why you should consider mediation here.

Do You Have to Get Along with the Other Person?

While you do not have to be best friends with your spouse to have a successful mediation session, it can certainly help. Many types of mediation are generally used depending on how well you and your spouse get along. The main two types of mediation include a shuttle or a facilitative session.

Shuttle Mediation: These mediation sessions are better for couples who cannot work together. This form includes if the couple argues more than they can calmly talk or if they have trouble listening to one another. The participants would have their own rooms and their attorneys in this case. The attorneys would then move between the rooms to negotiate on behalf of the participants. Both participants can either share a mediator or have their own. However, it can be beneficial for each participant to have their own attorney since they can help make decisions or evaluate offers.

Facilitative mediation: In this type of mediation session, the participants are directly involved in the negotiations. These sessions are participant-driven, meaning the participants control the outcome. The mediator will help guide the discussion to important topics and offer expertise on various subjects. Still, the participants will ultimately determine the agreements. Once the mediation is complete, the family attorney will draw up the agreement stating the decisions made during the session.

Can Mediation Improve Our Communication?

Yes! Although mediation should never be considered a form of therapy, mediation can help improve communication. When couples begin the discussion during mediation, the mediator will help ensure all communication goes smoothly. There are three different mediation styles: the transformative, the evaluative, and the facilitative.

The transformative style is where the mediator empowers each participant to share their thoughts and respond kindly to one another. Their goal is to help each person understand the motive behind the other’s communication.

The evaluative style is where the mediator removes emotions from the equation and sticks to the fact. The mediator will use current laws to help the couple resolve their disputes. This style is better for couples who seem unable to find a middle ground and would rather have a third party decide.

The facilitative style, also described above, is where the mediator acts as a third party and makes sure all topics discussed and both participants stay on track. The mediator is considered a neutral party.

Who is Not a Good Fit For Mediation?

Partners with a significant imbalance of power may not be suitable for mediation. The dominant partner will likely bully the partner into agreeing to uncomfortable terms. Other couples that would not be a good fit include those that experience ongoing domestic violence. Mediation will not be viable if there is a worry that the other spouse will get aggressive. Instead, they would have to turn toward the traditional divorce process.

Who is a Good Fit For Mediation?

Mediation is a good fit for couples who want to find a peaceful and private solution to their disputes. A good reason could be because they want their children to grow up in a healthy environment where their parents get along. It could also be because they do not want to spend tens of thousands of dollars fighting their spouse in court.
 
Some couples who do not get along can also be a good fit for mediation. Remember, there are plenty of mediation styles, so ask what approach your mediator will take before starting the session. If you are looking for a mediation attorney in Arizona, contact ELCV LAW to ask about our various mediation styles for couples.
 
At ELCV LAW, we understand mediation is not the right option for everyone. For more details on who is a good fit for mediation, contact Erika L. Cossitt Volpiano, P.C., one of the finest mediation lawyers in Arizona. Take control of your future and call us at 520-795-2235 or visit our website at www.elcvlaw.com 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 it is suggested that you should seek legal counsel if you need assistance in any of these areas.

Read More
Why is Mediation Important to Any Relationship
September 5, 2022in Mediation

Why is Mediation Important to Any Relationship?

Why is Mediation Important to Any Relationship?

Can a parent refuse medition
Disputes of any kind can often lead to broken relationships and hard feelings, especially true when it comes to a divorce. Divorces tend to result from problems in the marriage, and there is often lots of fighting in the household leading up to the divorce. Having a court battle over assets and money to get a divorce can perpetuate these feelings of anger, frustration, and uncertainty about what is to come.
 
Divorces are not only hard on the spouses who are getting divorced, but they can also be hard on children and extended family. That is why mediation is the best way to ensure the least emotional damage and trauma resulting from a divorce. 
 
 
How Can Mediation Preserve Your Relationship with Your Spouse? 

Less Fighting

Before a divorce, there is usually plenty of fighting. An impartial professional family law attorney will help direct the process, so there is less fighting during the division of money and assets. When you go to court to get a divorce, you both have to hire your own attorney to fight for what you want with little regard for the other person. Mediation can help preserve your relationship by easing uncertainty and anxiety. Although mediation can’t solve your current relationship, it can help end your relationship with less fighting.

Improve Communication

Experiencing a mediation process together can benefit your relationship with your spouse after the divorce. It may be difficult, but you will both need to set your differences aside and work together to find a resolution. During this process, you will need to listen to one another and keep an open mind about how the mediation might go. The common goal of finding a solution peacefully between the two of you can be critical to mending your past differences. Mediation can also help improve your communications in the future as a divorced couple. You will need to treat each other with respect and civility while in a mediation session, which can set a precedent for future conversations. Improved communication will also help you co-parent.

How is Mediation Better For Your Relationship With Your Children?

Less Hostility At Home

Divorces are almost always hard on children. However, mediation will be better for your relationship with your children since there will be less fighting in the home. When you are in the process of getting divorced, there is a time when you will still live with your spouse and children. There can be lots of tension at home during this time, which can strain your whole family. Hostility in your home can confuse children, and they may end up resentful. Lessening the anger and fighting within the home with divorce mediation can improve relationships with your children since they can see their parents as civilized and end the relationship amicably. In addition, you will be able to model common courtesy, respect, and civilization for your children.

No Picking Sides

Oftentimes, children get caught in the crossfires of battles with parents considering divorce. It can get messy when you and your spouse go through a court battle. Your children may have to hear you and your spouse argue over who gets custody of them or other complex subjects. They also might start to pick up on your attitudes and anger towards one of you at home. As a result, they may begin to pick sides and hate one of you, causing further division amongst your family and can lead to unhealthy relationships. Mediation is better for your family since it will show your children that you and your spouse can get along even though you may be getting a divorce. That way, they won’t feel the need to defend one parent over the other or pick sides.

We understand that divorce is hard for any family, but knowing that you can mitigate some of the trauma with divorce mediation is essential. Divorce mediation in Arizona will allow you and your spouse to split in the most amicable way possible, making it easier for everyone in the family. Visit our website www.elcvlaw.com to discuss how mediation could help your family through a divorce. If you are looking for a family law mediator in Tucson, Erika L. Cossitt Volpiano is one of the best mediation attorneys in the industry. With over 30 years of experience, ELCV LAW is considered highly skilled among divorce mediators in Arizona.

Take control of your future. 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 it is suggested that you should seek legal counsel if you need assistance in any of these areas.

Read More
Can a parent refuse medition
August 29, 2022in Mediation

What is Mediation?

What is Mediation?

Can a parent refuse medition

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.
How To Save A Marriage - Start With A Marital Contract

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.

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August 22, 2022in Mediation

Five Reasons Why You Should Consider Mediation

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.

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Can a parent refuse medition
August 11, 2022in Mediation

Can a Parent Refuse Mediation?

Can a Parent Refuse Mediation?

Can a parent refuse medition

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 medition

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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