When you are going through a divorce in Arizona, you can expect to feel many complicated emotions. You might feel confused and overwhelmed if you have never gone through the divorce process before and not know what to expect.
You may picture divorce as involving lengthy courtroom battles as you and your spouse fight over finances, property and the many other issues that come with ending a marriage and separating a shared life into two separate ones.
However, the divorce process has changed quite a bit in recent years. There is a focus on using alternative dispute resolution methods, such as mediation, to resolve and finalize a divorce because the traditional divorce process does not always result in an amicable resolution.
What is mediation?
Mediation does not mean that you agree on the divorce terms. You and your spouse might not agree on any divorce issues or only some issues.
The purpose of mediation is to try to resolve all issues in a confidential, respectful setting with a third-party mediator. A mediator is not a judge and does not have the power to decide issues for you.
Instead, a mediator allows each of you to speak your side of each issue and provides guidance towards a fair resolution.
You can use mediation to resolve various issues, including property division, spousal support and child custody.
Benefits of mediation
Mediation is usually cheaper and faster than courtroom litigation. You are likely to be happier with the result.
Even though you might not receive everything you want, almost all negotiations involve compromise for both spouses. However, knowing you had some say in the ultimate resolution through a mediation agreement can lead to a greater sense of satisfaction.
Mediation is often a good idea for spouses with children since it aims to preserve relationships. This is important for spouses who must continue to co-parent after a divorce.
Alternatively, leaving your unresolved divorce issues up to a judge gives you no control over what happens. Many times, both spouses walk away unhappy.
Drawbacks of mediation
Despite these benefits, mediation is not right for all situations. Marriages involving domestic violence or a controlling or manipulative spouse might not benefit from mediation.
These situations can result in an unfair result for the spouse who has been a victim of this behavior. Additionally, facing an abusive spouse in a mediation setting could be traumatizing and cause you to make decisions that are not in your best interest.
If you are in this situation, perhaps you want your divorce to be handled in a courtroom, to ensure your rights are protected and can minimize interactions with your spouse.
Preparing for divorce mediation
When you choose divorce mediation, you must prepare the same way as if you were going to court. Have a clear understanding of your financial situation and goals, as well as custody goals if custody is an issue.
Organize documents and bring them to mediation to back up your arguments. Know your rights under the law. Although mediation takes place outside a courtroom, you still have legal rights.