Tucson Mediation Help
Mediation is an alternative to a traditional divorce that involves a court hearing. It’s a popular choice for couples who are dealing with a mostly amicable split. In fact, as many as 95% of those who enter mediation are able to resolve any disputes and agree on all the terms of their divorce throughout the process.
But what is mediation and how does it work? What are the benefits? Many separated couples in Tucson have no idea about mediation, or they think that it won’t work for them. However, it tends to do a lot more than people realize. Most importantly, it lets you retain control of the process and the decisions, rather than leaving it up to a judge.
No Courts, No Judgments, and No Loss of Control
When you choose mediation, you will attend a meeting that will explain the process and allow both parties to speak their side of the case. This includes asking for or discussing the terms of the divorce agreement, custody and child support, and other elements. It’s a chance for people to sit down and have a conversation instead of having it out in an ugly and often unnecessary court battle.
The biggest perk for most people when it comes to mediation is that it lets them stay in control of the outcome of the divorce and it gives them some semblance of having the choice in the matter, which going to court will not do. Even though many people aren’t familiar with mediation unless they’ve been through it, it’s still the preferred route.
Even most lawyers will try to suggest taking the peaceful route, which includes mediation, before escalating things into a full court case that will be handled and determined by a judge. Most people don’t want to leave decisions like this up to someone else.
Mediation is Also Confidential
Another great reason to choose mediation is because it’s totally confidential. Everything is kept under wraps and nothing is put on display. In litigation, all your “dirty laundry” will make it to the courtroom because the other side is attempting to win their case. If you can mediate your divorce instead, you will enjoy the privacy and the fact that the information from this process cannot be used in any legal proceedings in the future.
For those who want to retain privacy or who just don’t want all their business out there, this is a great route to choose. With the confidential, civilized meetings, it also makes the divorce process easier on children, too. They’re not dragged into court or forced to watch their parents argue over every last detail. You can handle it privately and keep the kids out of it.
What to Expect During Mediation
If you’re working with a Tucson mediation lawyer, they will help you prepare ahead of time so that you know what to expect throughout the process. This is a simple process that can take anywhere from a few weeks to a few months, depending on how much there is to mediate and how well the couple gets along and is able to work out their differences.
First, the mediator will meet with all parties and their attorneys (if they have chosen to have a lawyer present). They will explain the mediation process, including informing everyone that all discussions throughout this process are confidential. Everyone will be introduced and the mediator will also remind people to be civil and professional.
Then, the mediator gives each spouse a chance to explain their position, as well as the divorce dispute at hand. Usually, the plaintiff goes first, and lawyers will be the one to speak on their behalf. Then, the other party’s lawyer will speak. Clients are permitted to talk if they’d like, but it’s certainly not required. Plus, it should also be discussed with your lawyer in advance to make sure that you speak at the right time and in the right way.
Once all the basics are covered, the parties will be sent to different rooms. This is so the mediator can speak with each party separately. This allows the mediator to dig deeper into the circumstances and challenge each party’s position, as well as to ask each party to pay attention to the other spouse and their position.
There may be multiple sessions required once the negotiations start. This is the process of making offers and counteroffers regarding the divorce, property separation, child support and parenting time, and even who gets the car and who gets the dog—anything that you’re adamant about needs to be brought up and put into your offers. With any luck, the couples will eventually arrive at an agreement that they can both work with, and then the mediation process will be over.
Throughout the entire process, both spouses will have time with their lawyers privately to discuss how mediation is going, whether they need to change their strategy, or how to respond to the current offer. As mentioned, this may take more than one session, especially if a couple has a lot of assets or family issues to resolve, so be prepared for a long process even if you don’t go to court.
Hiring a Mediation Lawyer Can Help
The best thing that you can do is hire a reputable family law attorney like one of the dedicated experts at Modern Law. Having a lawyer on your side that knows the laws of divorce, child support, parenting time and decision-making, and other elements, will ensure that you get the outcome that you deserve. It will also help you get a better understanding of the legal process that is divorce mediation in the state of Arizona.
Tucson mediation lawyers have been through many different types of mediations. They have seen the most amicable, simplest meetings and the most complex, drawn out mediations that end up in court anyway. Because of that, they will be able to help you come up with the best approach to your case to ensure that you get the outcome that you deserve.
Contact the Modern Law team now to learn more about how we can help you with your Arizona divorce case, from mediation to contested divorces and beyond.