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.