Eight Reasons to Use Divorce Mediators

Divorce mediators can make it easier to separate two unhappy people with reduced stress and expense. It isn't always easy, and it's important to have both sides receive what they deserve, but it's important to engage in the mediation process so that both parties and their children have the opportunity to come to an agreement without making things worse.

Divorce mediators give both sides an opportunity to speak their mind, explain their problems and determine what they need, and a professional mediator has the experience and tools to help them navigate their finances, schedules, custody and interpersonal issues.

Remember, this is not to be thought of as legal advice. Always consider your options including mediation, arbitration and litigation when starting your divorce.  Your divorce mediators can give you more information about legal needs, and many have attorneys on board to help with legal tangles.

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. Trained divorce mediators 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 mediation and although many divorce 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 divorce mediators 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, who may also be an arbitrator 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. Arbitrators are trained as judges, so divorce mediators may not be qualified to do this, but many divorce mediators are attached to law offices with arbitrators on board.

7 - Confidentiality

Divorce mediation is a 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 divorce mediators are 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

You don't come to a decision, or one party is unwilling to participate? Declare an impasse. 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.

We hope you will give divorce mediation a chance. It takes patience, and it takes agreement on both sides, but the benefits are substantial. If you can put up with your significant other for another day or two, you can create a real solution that saves both you and your spouse, as well as your families, your children and your pets.

For more information about Arizona divorce mediation and to set up an appointment, call 480-496-2201.