Consider The Many Benefits Of Divorce Mediation
Mediation can occur whether both parties are represented by attorneys or if they are representing themselves. Our attorneys encourage you to consider the many benefits of mediation:
- The ultimate decision is left to the parties.
- There is unlimited creativity surrounding the agreements.
- Mediation is significantly less expensive than litigation.
- The animosity that generally arises during the litigation process can be minimized or avoided altogether.
Virtually any type of dispute can be resolved through mediation. For example, if you are going through a divorce, mutually acceptable agreements can be reached regarding:
Post-Decree Divorce Mediation
Divorce Agreement Modifications In Arizona
At DeShon Laraye Pullen PLC, we use mediation techniques to obtain modifications in family law orders. Mediation can produce outcomes that are creative, flexible and reflect the needs and concerns of the parties. Mediation does not always mean reaching a compromise somewhere in the middle that leaves both parties unsatisfied. An experienced mediator can often create possibilities that the parties did not consider and solutions that can bridge differences. In addition, mediation is cost-effective and can occur at a time that is convenient for both parties.
Benefits of Mediating Your Divorce vs. Fighting Tooth and Nail
There are several types of ADR, but the most well-known type is mediation, a process where the neutral third party acts as a mediator between the parties, as the parties themselves mostly negotiate with one another (often with the assistance of attorneys).
Mediators are present for negotiations and can offer suggestions, but do not make decisions. They serve as a witness that the parties have agreed on certain terms. Arbitration works in a similar manner, but the disputing parties agree to let the arbitrator finalize the terms they have negotiated so they stand legally.
ADR has existed in the legal system for hundreds of years, but became more popular as an option since the 1960s with the onset of Civil Rights legislation. In divorce, it has become the preferred method for many couples because:
- It is generally less expensive than courthouse litigation
- It allows the parties involved to take an active role in decisions and hear the other side in a controlled environment
- It promotes civilized communication and compromise, which are useful tools, especially for parties who will need to continue to interact with one another in the future
- Creative solutions can be worked out through the process of mediation, rather than being stuck with a court order
- It’s more private, whereas open court is in public
What to Expect in Mediation Sessions
When professional mediators are asked about what happens in mediation sessions, the answers vary as much as the reasons behind any given divorce.
But one thing mediation is not designed to do is fix a marriage. It exists to provide couples with a way to agree to a settlement by utilizing a method that avoids the stress, emotional anguish, time and expense of litigation. The goal of a mediator is to reduce the adversarial nature of the dispute and guide participants into deciding their own futures, rather than leaving the choices up to a judge.
Mediation isn’t a blanket solution in every divorce case, and it doesn’t always work, but for those who go in with an open mind and a true desire to come to a mutually-satisfying resolution, it’s often what brings the best outcome for all concerned.
Child Custody, Legal Decision-Making And Parenting Time
Mediation and other alternative dispute resolution methods are particularly well suited for resolving child custody and visitation. A judge issues orders based on what he or she is presented in court. A mediator can take additional time and sometimes inadmissible evidence to understand the needs of the parents and children. In this way, mediation can create solutions that are customized and that accommodate the needs of all parties.
One of the Phoenix post-decree divorce mediation lawyers at DeShon Laraye Pullen PLC, can review your situation, explain the mediation process and guide you to the solution that is right for you.
Please contact our office today to schedule a half-day mediation to resolve your matter inexpensively and expeditiously.