Why Should You Consider Divorce Mediation?

How long after mediation is a divorce final?

Every situation is different, so this is hard to answer as a blanket statement in a blog post. However, mediation, in general, resolves much faster than going to court. If you are looking for the fastest resolution and both sides are willing to compromise, divorce mediation is definitely a path that should be considered. The Harding Firm provides experienced divorce mediation services in Gilbert, Mesa, Chandler, Queen Creek, and the surrounding East Valley.

What happens in mediation?

Mediation is a unique process that is catered to both parties. The parties can meet together, or separately with the mediator. In the beginning, the mediator will explain that this process is voluntary and could result in a partial or full agreement, which can save the parties thousands of dollars. 

Both parties can choose to stay in the same room during mediation, at any time, one party can ask to speak to the mediator privately. Meeting privately with the mediator is called “caucusing.” The goal is to resolve the disputes, in an amicable manner. This process usually results in an amicable result. If at any time a party appears to be under the influence of drugs or alcohol,  becomes irate, or belligerent, the mediator has the authority to end the mediation.

When the parties reach an agreement:

1. the mediator will record the agreement in the presence of the parties; 
2. The mediator will write a summary of the agreement; and
3. Both parties will sign the agreement and receive a copy. 

Both parties will leave with a copy of the agreement. The mediation will end with both parties knowing that they have resolved their dispute without spending additional time and money on litigation. 

Benefits of Divorce Mediation

 We have talked a little bit about the process of divorce mediation. Below are some additional benefits:

• Mediation is generally much less expensive than a series of hearings or going through a court trial.
• Mediation does not leave a public record and is confidential.
• Mediation gives you the opportunity to arrive at a resolution both parties agree to rather than having a solution imposed on one or both parties based on impersonal legal guidelines.
• You can still have your lawyer present to give you advice, but if you are looking to avoid additional costs the parties can agree to not have lawyers present. It is generally advisable to have an attorney present, however.
• The process is controlled by both parties and not the court.
• The process can improve communication between you and your spouse helping to avoid future conflicts especially when kids are involved.

Something important to remember is that you should come to a mediation proceeding with an open mind as you will expect your spouse to do the same. Compromise on both sides of the aisle are crucial to obtaining a successful divorce mediation. Since mediation agreements take on a different nature than traditional divorce proceedings, you should make sure you are working with a lawyer who is experienced in working with divorce mediation.