Nine reasons to use a divorce mediator

Nine Reasons to Use a Divorce Mediator

1 – Come to An Agreement, Rather Than a Decision

Both parts of the couple are in charge of everything in the file agreement. No judge determines who gets what based on the quality of legal counsel or of their arguments, you do.

2 – The Agreement is Easy To Understand

The law is complex, but knowing what you want isn’t. A trained mediator can not only put all of the finances and terms of ownership and custody into terms that are clear and easy to understand, but they can also develop the documentation, in front of both parties, instead of complex legal documents that only the attorneys understand.

3 – Binding Agreement

Whether the agreement is completed through only mediation, or a combination of mediation and arbitration, the agreement is binding requiring no need to go to court, and yet creating a legal document that can be used as a guide for the settlement of property and custody, and in the event that one side reneges, the other party has a legal document with which to enforce their rights.

4 – Reduced Cost

A couple can share the cost of a mediator and although many mediators are also attorneys, they rarely cost as much or take as long. Also, no court costs are involved to process results or create contracts that determine who gets what.

5 – Less Stress

Mediation involves talking about issues, discussing needs and wants and coming to an agreement. Knowing from the start that all parties will be fair and considerate, and that the mediator will be neutral and encourage multiple methods for coming to an agreement, reduces the stress of a court trial and the predatory nature of all or nothing legal bouts.

6 – Arbitration

Sometimes mediation doesn’t solve every little issue. Some details can’t be ironed out, but after working through 80-90% of the contract, a mediator can be called on to make a fair decision on the remaining portion, making a judgment that will stand in lieu of going to court, but allows for fairness and an equitable split.

7 – Confidentiality

Divorce mediation is private, confidential process. There is no fear that anything said in mediation can be used against the parties because those parties are bound by law to keep what is said in mediation private. The parties cannot use any of the information divulged in mediation in court (if the conflict goes that far) and the mediator is bound by confidentiality so as not to be called in court, and may not divulge any of the minutes from a mediation meeting in print or verbally anywhere. This means that participants are free to speak their mind without fear of “tipping their hand” and having their words used against them later.

8 – You Can Still Go To Court, If You Want

Don’t come to a decision, or is one party unwilling to participate? You can still go to court, and having discussed issues, you may also have a better idea of all of your finances, assets and issues that require consideration, issues you may not have even thought of. Also, since mediation is confidential, you aren’t tied to your arguments in mediation, so that you and your attorney can pursue a different strategy altogether, and you cannot be called out for your comments or revelations in the mediator’s office. Anything brought up in court that was brought up in mediation is inadmissible in court.

9 – You Will Find That Future Conflicts Are Resolved More Easily

Little disputes always come up, and you will find that after mediation, it’s much easier to come together to solve the little problems that arise. Knowing qualified mediators and understanding the value of negotiating, rather than going to court, will also give you the experience and knowledge to settle other disputes outside of your marriage.

This article should not be construed as legal advice. Consider all of your options – attorneys, courts, arbitration and mediation or some combination, and speak to a professional before beginning the divorce process.

For more information about Divorce Mediation in Arizona.

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