In Arizona, divorce is a common reality. The state has an average of 20,000 divorces annually, with around 10% of those cases going to trial. The average length of a divorce in Arizona is 9 months, but some cases can take years to resolve. The process can be long, complicated, and emotional when a couple decides to end their marriage. It is important for both parties to understand their rights and responsibilities, as well as the different legal options available to them.
If you are facing a family law dispute, you may wonder if family law mediation is the right option.
Family law mediation is a process in which a neutral third-party mediator helps the parties negotiate a settlement agreement.
Mediation is often a more cost-effective and less stressful alternative to court litigation. In this article, we will explore the benefits of hiring a family law mediation lawyer from Frank Amar Matura and discuss the following topics:
- How is Family Law Mediation Different than Family Law Court Litigation?
- What Types of Family Law Cases can Go To Mediation?
- At What Point is Mediation Not an Option?
- Is Mediation Only for Uncontested Divorce or Contested Divorce as Well?
How is Family Law Mediation Different than Family Law Court Litigation?
Mediation is a voluntary and confidential process in which a neutral third-party mediator helps the parties reach a settlement agreement. In mediation, the parties have more control over the outcome of their case than in court litigation. The mediator does not make decisions for the parties but instead helps them communicate and negotiate a mutually beneficial agreement. Mediation is often a faster and less expensive process than court litigation.
Court litigation, on the other hand, involves a judge who makes decisions for the parties based on evidence and arguments presented in court.
Court litigation can be a lengthy and expensive process, and the case outcome is ultimately up to the judge. In court litigation, the parties have less control over the outcome of their case and may be required to follow court orders that they disagree with.
What Types of Family Law Cases can Go To Mediation?
Mediation can be used for a wide range of family law disputes, including the following below. We have also included fictional example scenarios of family law mediation cases to better understand how mediation can benefit everyone involved.
Divorce – Dissolution of Marriage
Mediation can help couples negotiate a settlement agreement that addresses issues such as child custody, child support, spousal maintenance, and division of property and assets.
Example Scenario: John (age 45) and Jane (age 42) have been married for 20 years and have two children together. They live in Phoenix, Arizona, and both work full-time jobs. John is a manager at a tech company and earns a higher salary than Jane, who works as a part-time teacher. They have decided to get a divorce, but they are having difficulty agreeing on how to divide their property and assets.
John wants to keep the family home and most of their savings, while Jane wants a fair division of assets. They decide to go to mediation to try and come to a mutually beneficial settlement agreement. With the help of a neutral mediator, John, and Jane are able to negotiate a settlement that satisfies both parties and avoids the need for a lengthy and expensive court trial.
Child Custody
Mediation can help parents come to an agreement on a parenting plan that addresses issues such as custody, visitation, and decision-making.
Example Scenario: Tom (age 38) and Sarah (age 36) have been divorced for several years, but they are having a disagreement over their parenting plan. They have one child together, a 7-year-old daughter named Lily. Tom is a software engineer and lives in Tucson, Arizona, while Sarah is a nurse in Scottsdale, Arizona. They have joint legal custody of Lily but are having difficulty agreeing on a parenting plan.
Tom wants more time with Lily on weekends, while Sarah wants to keep their current schedule. They decide to go to mediation to try and resolve their dispute. With the help of a mediator, Tom and Sarah can reach a new parenting plan that addresses their concerns and meets their child’s needs.
Parenting Time
Mediation can help parents modify a parenting plan or resolve disputes related to parenting time.
Example Scenario: Chris (age 29) and Alex (age 32) have a child together, a 4-year-old son named Max. They live in Tempe, Arizona, and both work full-time jobs. Chris is a firefighter and works 24-hour shifts, while Alex is a marketing manager with a more regular schedule. They are having difficulty agreeing on a parenting time schedule that works for both of them.
Chris wants more time with Max on weekdays, while Alex wants to keep their current schedule. They decide to go to mediation to try and come to a resolution. With the help of a mediator, Chris and Alex are able to negotiate a parenting time schedule that works for both parties and allows their child to spend quality time with both parents.
Community Property and Assets
Family law mediation can help couples divide community property and assets fairly and equitably.
Example Scenario: Mike (age 55) and Lisa (age 50) have decided to end their marriage, but they disagree on how to divide their community property and assets. They live in Mesa, Arizona, and both work full-time jobs. Mike is a financial advisor and earns a higher salary than Lisa, who works as a customer service representative. They have a house, retirement accounts, and other assets that need to be divided.
Mike wants to keep the house and a larger portion of their savings, while Lisa wants a fair division of assets. They decide to go to mediation to try and come to a fair and equitable settlement agreement. With the help of a mediator, Mike and Lisa are able to negotiate a division of their property and assets that satisfies both parties.
Spousal Maintenance – Alimony
Mediation can help couples negotiate a spousal maintenance agreement that meets the needs of both parties.
Example Scenario: Emily (age 35) and David (age 40) have been married for several years, but they are having a disagreement over spousal maintenance. They live in Phoenix, Arizona, and both work full-time jobs. David is a freelance graphic designer and earns less than Emily, who works as an engineer. They have decided to get a divorce, but they are having difficulty agreeing on spousal maintenance.
David wants a higher amount of spousal maintenance to help her maintain her standard of living, while Emily thinks the amount he is requesting is too high. With the help of Emily’s attorney, they decide to go to mediation to try and negotiate a settlement agreement. With the help of a mediator, Emily, and David are able to reach an agreement on spousal maintenance that meets the needs of both parties and avoids the need for a court trial.
In each scenario, a family law mediation lawyer from Frank Amar Matura can provide valuable guidance and support. Your attorney can help the parties understand their legal rights and responsibilities and provide advice on negotiating a mutually beneficial settlement agreement. Additionally, the lawyer can help the parties prepare for the mediation process and can represent them during mediation sessions.
No matter what type of family law dispute you are facing, a mediation lawyer can help you achieve a successful outcome. Contact Frank Amar Matura today to schedule a consultation and learn more about how we can help you.
At What Point is Mediation Not an Option?
Mediation may not be an option if one or both parties are unwilling to participate in the process. Mediation may be unsuccessful if one party is unwilling to negotiate in good faith. Mediation may also be inappropriate if there is a history of domestic violence or abuse.
In these cases, it may be necessary to pursue court litigation to protect the safety and well-being of the parties and any children involved.
Is Mediation Only for Uncontested Divorce or Contested Divorce as Well?
Mediation can be used for both uncontested and contested divorce cases. In an uncontested divorce, the parties are able to reach a settlement agreement without going to court. In a contested divorce, the parties are unable to reach an agreement and must go to court. However, even in a contested divorce, mediation can be beneficial.
Mediation can help the parties resolve their disputes and reach a settlement agreement without the need for a lengthy and expensive court trial. Mediation can also help the parties maintain a more amicable relationship and reduce the emotional toll of the divorce process.
A family law mediation lawyer from Frank Amar Matura can help you determine if mediation is a viable option for your case. They can help you understand your legal rights and responsibilities and can provide guidance and support throughout the mediation process. Your lawyer can also help you negotiate a settlement agreement that meets your needs and protects your interests.
Speak to Our Mediation Lawyers Today
If you are facing a family law dispute, mediation may be a viable option for you. Mediation is often a more cost-effective and less stressful alternative to court litigation. A family law mediation lawyer from Frank Amar Matura can help you navigate the mediation process and negotiate a settlement agreement that meets your needs.
Whether you are facing a divorce, child custody dispute, or other family law issue, a mediation lawyer can provide the guidance and support you need to achieve a successful outcome. Contact Frank Amar Matura today to schedule a consultation and learn more about how we can help you.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.