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Divorce Mediation Law Firm in Scottsdale and Phoenix

Mediation vs. Trial

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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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