How does mediation work?

Cindy Best

First, the parties must decide that they are able to discuss and consider their issues with each other through mediation. The parties may decide to initiate a free telephone consultation with one of your attorneys. Then, the parties make an appointment and come to our office here in Scottsdale. Be aware that the proceedings are confidential, and nothing can be used in a court proceeding. The success of mediation depends on the attitudes of the parties. It begins with the understanding that each party wants to mediate and resolve their dispute in a positive and calm manner. If either party has an attitude of wanting to “win” or to “hurt” the other person, mediation most likely will not work.

The process begins with an initial meeting, usually lasting one to two hours. The mediator explains her or his role of assisting the parties in resolving their issues. Even though the mediator is an experienced family law attorney who practices law, she is not in her role as an attorney when she is a mediator. Nonetheless, her legal background helps both procedurally and substantially with the mediation process.

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