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Mediation

 

Best Law Firm provides mediation and alternative dispute resolution services to parties involved in a family law matter, such as a divorce, parenting time disputes or changes to child support.

Family law mediation is a method of resolving issues and disputes during the difficult time of divorce by talking with a mediator to resolve your disagreements. Mediation is conducted in a relaxed, comfortable office atmosphere with the mediator and the parties. Family law mediation can also be used to help persons with other legal family issues, such as separation, child custody, child support, post-decree modifications, disputes about parenting issues after a divorce, domestic partnership issues with children and property, and unmarried persons issues with children and property. There are myriad issues and problems that may confront people when they are attempting to navigate the emotional terrain of family law.

Mediation with Best Law Firm is designed to be a win-win solution for the parties involved. Parties do not require a retained attorney to represent their interests, but outside counsel is not discouraged. It is recommended that an attorney review any final legal documents before they are signed or filed with the court.

In addition to conducting the mediation, Best Law Firm can complete your family law matter by drafting all the necessary documents to be submitted to the court. We can draft a memorandum of understanding to memorialize the parties’ agreements, draft the petition and supporting documents to initiate your case in the court and draft and file the consent decree, parenting plan and property settlement agreement to finalize your case.

Can the mediation reach a custom tailored agreement for me and my spouse?

The relaxed atmosphere of mediation allows for creative settlements that are tailored to the parties’ individualized circumstances. Mediation permits the parties, rather than the court, to control the outcome of their case. The tailored agreements typically result from both parties’ determination of how they will share their children, how they will make major decisions concerning their children, who will pay child support and how much, and how to equitably divide property and debts.

What are the advantages of mediation for my family?

Mediation is designed to help parents focus on the best interests of the children. The mediation process helps the parties remain aware that despite their differences that brought them to the mediation process, they must continue to communicate for the sake of their child. The mediation process will preserve the parties’ relationship, which will benefit the child in the future years. It is also important to recognize future issues that might arise, and put a mechanism in place that will prevent future litigation.

Once an agreement is reached how can I put it in writing?

Once the parties have reached a verbal agreement, Best Law Firm here in Scottsdale can draft a Memorandum of Understanding to memorialize the parties’ agreements that complies with Family Law Rule 69. We can also draft the petition and supporting documents to initiate your case in the court, as well as draft and file the consent decree, parenting plan and property settlement agreement to finalize your case. We can draft all of your documents, from start to finish.

How does mediation help us reach agreements?

There is no coercion, and both parties must be in accord in order for there to be any agreements. Often, more than one conference may be needed to resolve all the issues. Family issues invoke a great deal of emotion, and sometimes people need time to think about the process and the decisions that need to be made. There is no rush about this process.

 

Some parties may be able to reach agreements on all issues in one session, while others may require multiple sessions. Additionally, the parties can meet together or individually with the mediator. For example, some parties may wish to sit together at a table with the mediator, while others may prefer to be in different rooms and have the mediator move between the parties, acting as a liaison between the parties. The latter approach helps minimize the emotion associated with meeting face-to-face and promotes progress on the individual issues. Each case is different, and our goal is to find an approach that will work best for your family.

How does the mediator help resolve issues?

The mediator, in an impartial role, will help the parties define the issues, explain the legal process in the state of Arizona and then assist the parties in finding mutual agreements. The mediator’s job is to keep the parties conversing about the issues and help them move toward agreements. To accomplish this, the mediator engages in conversation with the parties to identify issues and possible solutions. Throughout the conversation, the mediator may propose various settlement options.

How does mediation work?

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.

How does mediation compare to going to court?

A learned judge once said that no one wins in court. By this, he meant that the family loses control of decisions and that the expense is extreme. So, instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case. Moreover, even if the parties initially retain two separate attorneys, the court may still order the parties to attempt mediation before there is a trial. Best Law Firm welcomes parties who are represented by counsel, as well as parties who are unrepresented. Attempting mediation before courtroom litigation will save the parties time and money.

What is mediation like at Best Law Firm?

Mediation with Best Law Firm is designed to be a win-win solution for the parties involved. Parties do not require a retained attorney to represent their interests, but outside counsel is not discouraged. It is recommended that an attorney review any final legal documents before they are signed or filed with the court. In addition to conducting mediation, Best Law Firm can complete your family law matter by drafting all the necessary documents to be submitted to the court. We can draft a memorandum of understanding to memorialize the parties’ agreements, draft the petition and supporting documents to initiate your case in the court and draft and file the consent decree, parenting plan and property settlement agreement to finalize your case.

What is mediation?

Family law mediation is a method of resolving issues and disputes during the difficult time of divorce by talking with a mediator to resolve your disagreements. Mediation is conducted in a relaxed, comfortable office atmosphere with the mediator and the parties. Family law mediation can also be used to help persons with other legal family issues, such as separation, child custody, child support, post-decree modifications, disputes about parenting issues after a divorce, domestic partnership issues with children and property, and unmarried person issues with children and property. There are myriad issues and problems that may confront people when they are attempting to navigate the emotional terrain of family.

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