Phoenix Divorce Mediation

Mediation is a process created to bring parties together to help come to solutions about disagreements.

An excellent mediator usually addresses the following issues in mediation:

• Child(ern) Custody Issues;
• Child(ren) Support Issues;
• Spousal Support Issues;
• Parenting Time Issues;
• Debt and Property Division Issues Division;

The mediator only has the power to convince the parties to come to a cooperatively justifiable settlement of the issues in the parties’ case.

The mediator doesn’t have the authority to force the parties into an agreement, and they don’t have the power to make any rulings on the issues in the divorce case.

The Scottsdale divorce mediation process usually starts with the two parties meeting with a neutral mediator to determine the issues.

In some situations, the parties may agree to meet individually with the mediator if they like.

The mediator is a 3rd party and doesn’t represent either party but, instead, expedites settlement talks between the parties and gives practical solutions to resolve disagreements.

Each side discusses their ideas to go over the issues.

A competent mediator with a lot of experience in divorce and associated family law cases is prepared to provide vital guidance in helping the two parties in coming to fair and equitable agreements in all family law associated matters.

A lot of people who use an experienced and qualified mediator come to agreements on all their issues.

Using an experienced divorce mediator, which may reduce the legal fees they’ll pay if they litigated their disputes.

As a common rule, comments made by the parties are safeguarded from use at trial under the Arizona Rules of Evidence.

The rule of exclusion for statements discussed in mediation is meant to let each party to openly talk about their issues in mediation in hope of opening up communications to resolve their issues.

If the parties come to an agreement during mediation, that agreement will only be enforced on the parties if the agreement is signed by each party and is deduced to a written settlement agreement.

These signed and written agreements are assumed to be enforced on the parties, according to Rule 69 of the Arizona Rules of Family Law Procedure.

Nevertheless, afterword the agreement may be appealed by either party, in accordance to Arizona Revised Statute Section 25-317, on many grounds.

Below are some reasons someone may challenge an agreement arrived at in mediation:

• A person may claim the division of debts or assets is unjust and equitable;
• A person claiming they were coerced or threatened to reach the agreement;
• A person may claim child(ren) custody agreements don’t safeguard the best interests of the child(ren);
• A person claims they were not capable to agree due to some hindrance;

To finalize, the court might dismiss the agreement if the judge individually comes to the conclusion provisions related to the child(ren) aren’t in the best interests of the child(ren); although it’s a rare occurrence.