How Does Arizona Family Court Mediation Work

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.


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.


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. 


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

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

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, 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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Is Mediation Right for Your Situation

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 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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