Is Mediation a Smart Option for High Net Worth Divorce in Arizona?

Co-Authored by Cynthia L. Best, Esq. & Tali Best Collins, Esq.

When people hear the word mediation, they often assume it is only appropriate for “simple” divorces or couples with modest assets. That assumption is wrong.

In fact, mediation is often one of the smartest options for high net worth divorce—when it is done correctly, with the right professionals, and with experienced legal guidance.

If you or your spouse own businesses, investments, real estate, professional practices, trusts, or significant income streams, understanding when mediation works—and when it does not—is critical.

What Is Divorce Mediation in Arizona?

Mediation is a structured negotiation process in which spouses work with a neutral mediator to resolve divorce issues outside of court. In high net worth cases, mediation typically addresses:

• Property division
• Business interests
• Investments and real estate
• Spousal maintenance
• Parenting plans and custody
• Tax consequences
• Privacy and confidentiality concerns

Importantly, mediation does not mean giving up legal advice. In high net worth divorce, each spouse should have experienced counsel guiding them through the process.

Why High Net Worth Couples Often Choose Mediation

For many financially sophisticated families, mediation offers advantages that traditional litigation simply cannot.

1. Privacy and Discretion

Court litigation is public. Mediation is private.

For business owners, executives, professionals, and public-facing individuals, mediation allows sensitive financial information to remain confidential and off the public record.

2. Control Over Outcomes

In court, a judge—who does not know your business, your family, or your long-term goals—makes decisions for you. In mediation, you control the outcome.

High net worth clients often value control more than “winning.”

3. Protection of Business and Investment Interests

Litigation can be disruptive, expensive, and damaging to businesses. Mediation allows:

• Flexible solutions
• Creative structuring
• Protection of cash flow
• Preservation of business operations

This is especially important when one or both spouses rely on the business for ongoing income.

4. Cost Management

High asset divorce litigation can easily cost hundreds of thousands of dollars—or more. Mediation typically:

• Reduces legal fees
• Limits expert battles
• Shortens timelines
• Preserves marital resources

For many high net worth clients, mediation is a way to spend money solving problems—not fighting.

5. Better Outcomes for Children

High conflict litigation often harms children emotionally and psychologically. Mediation encourages:

• Cooperative co-parenting
• Customized parenting plans
• Reduced exposure to conflict
• Long-term stability

This is particularly valuable for families with complex schedules, travel, multiple residences, or support staff.

When Mediation Works Best in High Net Worth Divorce

Mediation is often a smart option when:

• Both spouses are financially sophisticated or well-advised
• There is a willingness to exchange information honestly
• Safety is not an issue
• Both parties want to avoid scorched-earth litigation
• Preserving privacy and reputation matters
• Long-term financial planning is a priority

When Mediation May Not Be Appropriate

Mediation is not right for every case. It may not be appropriate if:

• There is domestic violence or coercive control
• One spouse refuses transparency
• Assets are actively being hidden
• There is a severe power imbalance
• One spouse intends to delay or obstruct

In those situations, court involvement may be necessary to protect fairness and safety.

The Role of Experts in High Net Worth Mediation

Successful high net worth mediation often involves a team approach, including:

• Financial neutrals
• Business valuation experts
• Tax professionals
• Estate planning advisors
• Parenting consultants

The difference between successful mediation and failed mediation often comes down to having the right experts involved at the right time.

Is Mediation “Giving Up Leverage”?

No. In fact, mediation can preserve leverage by:

• Avoiding unnecessary disclosures
• Preventing public filings
• Reducing emotional escalation
• Allowing strategic timing

Mediation is not about being passive—it is about being intentional and strategic.

What Makes Mediation Successful in High Net Worth Divorce

The most successful high net worth mediations share three characteristics:

1. Experienced legal guidance on both sides
2. Full financial transparency
3. A mediator who understands complex assets and family dynamics

Without these, mediation can fail—or create agreements that later unravel.

How Arizona Courts View Mediated Agreements

Arizona courts strongly support mediation. When properly drafted, mediated agreements:

• Are enforceable
• Become part of the final divorce decree
• Provide long-term stability
• Reduce post-divorce litigation

Judges prefer agreements crafted by informed parties rather than imposed rulings.

How Best Law Firm Approaches High Net Worth Mediation

We help high net worth clients decide:

• Whether mediation is appropriate
• When to mediate
• How to structure mediation strategically
• Which experts to involve
• How to protect assets, privacy, and children

Our goal is not just to resolve the divorce—but to position our clients for life after divorce.

Talk to an Experienced Arizona High Net Worth Divorce Attorney

If you are considering divorce and wondering whether mediation is a smart option for your situation, we can help you evaluate your options discreetly and strategically.

Call Best Law Firm
Scottsdale, Arizona
BestLawAZ.com

You worked hard to build your life and assets. Your divorce strategy should reflect that.

About the Authors

Cynthia L. Best, Esq.
Founder, Best Law Firm
38 Years of Legal Experience • Certified Mediator
Co-Author of The Divorce Coach

Tali Best Collins, Esq.
Managing Attorney, Best Law Firm • Certified Mediator
Over 18 Years of Legal Experience