Why Mediate?

Divorce Mediation Law Firm in Scottsdale and Phoenix

Meditation vs. Trial

Mediation can be a useful tool in lessening the stress and strife that usually accompany the divorce process. For many people, a customized, confidential session can offer many benefits as opposed to hashing the issues out a traditional trial setting. However, at times two parties are in such a contentious position, or are facing an incredibly complex legal situation, and going to trial is a more feasible option. If we do think trial would be most appropriate for your situation, we also offer full representation through traditional litigation. If you think mediation may be the best option for you and your family, or if you are unsure, please give us a call at (480) 219-2433. We can schedule a consultation during which you can discuss the circumstances of your situation with our experienced attorneys and get advice for the best process to move forward with your life.

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Difference between Mediation and Litigation (Going to Court)

At Trial: Courts will decide the division of property in divorce cases and both parties may be unhappy.

At Mediation: The unique circumstances of each couple are center stage in mediation. A solution that may work for a divorcing grad student couple in their early twenties with few assets and no children will not be the same solution that will work for a couple in their mid 50s with four children and assets in multiple states. We believe everyone should be entitled to create a custom tailored agreement- we work with people, not ‘parties’. Our mediators enjoy working with clients to implement creative solutions that leave everyone satisfied.

At Trial: The trial system is designed at its core to be adversarial. Two parties have to testify under oath, they will be cross examined, the attorneys have requirements for pre-trial statements and exhibits, the cost of an attorney for trial is very expensive.

At Mediation: Divorce is universally recognized by the mental health community as one of the most stressful events a person can experience. In addition, when property is divided, former spouses must often times work together in selling items, or even dividing the use of a vacation property or time with a dog. This process can be made significantly less stressful if the focus is on cooperative rather than adversarial. At Best Mediation Services, we foster a relaxed, cooperative environment.   We provide a comfortable, relaxed environment – our belief is that when clients experience as little stress as possible, they have the opportunity to work best together with their mediator towards a positive outcome.

At Trial: A divorce settlement will become a matter of public record. Parties are entitled to the duty of confidentiality when discussing related matters with their lawyers under attorney-client privilege. However, there will be no guaranteed confidentiality regarding statements made during a divorce proceeding at court.

At Mediation: Mediation is a confidential, safe space. We believe that people are more relaxed when they know everything that they say during a session remains confidential. This encourages a free sharing of all relevant information, which leads to a better, more informed solution for everyone involved.

At Trial: Courts will decide the division of property in divorce cases and both parties may be unhappy.

At Mediation: The unique circumstances of each couple are center stage in mediation. A solution that may work for a divorcing grad student couple in their early twenties with few assets and no children will not be the same solution that will work for a couple in their mid 50s with four children and assets in multiple states. We believe everyone should be entitled to create a custom tailored agreement- we work with people, not ‘parties’. Our mediators enjoy working with clients to implement creative solutions that leave everyone satisfied.

At Trial: Parties have no say in setting the court docket. You will be scheduled for a date and time based on the schedule and needs of the presiding judge, not you or your family’s unique needs. If a matter scheduled before your hearing on the docket runs late, you must wait. You will be given a set amount of time for your hearing, during which all matters must be resolved.

At Mediation: You have the ability to schedule your mediation appointment. If you work a nontraditional schedule and need an evening appointment, your mediator will be flexible in working out a time that meets the needs of you and your family. If you are not able to come to a satisfactory resolution on all matters, you have the ability to set another mediation session.

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