The majority of family or divorce law cases are settled without going to trial. This can often be achieved through the use of mediation services. In this process an unbiased 3rd party (mediator) will represent both parties (husband/wife or father/mother) in order to help facilitate a settlement between the parties. Since a mediator represents “both” parties during the mediation, that person may not later represent either party in litigation should there be an unsuccessful mediation among the parties. This would be considered a conflict of interest. However, a successful mediation will often mitigate both the time and legal expenses associated with litigation.
Mediation is a process by which families seek to resolve a variety of issues that simply cannot be resolved without the help of someone else. Mediation has proven to be a successful alternative dispute resolution option for businesses and individuals seeking the assistance of an impartial mediator to facilitate amicable negotiation. Mediation can be just as successful in the family law setting. With the help of an impartial mediator, spouses are able to express their wishes and concerns to the mediator alone, who then can speak with the other spouse alone. The mediator can then bring both spouses together to encourage them to discuss their issues in a reasonable way and seek to reach a result that is fair to all parties involved.
Mediation is a non-binding process, which simply means that no matter what the outcome is of any mediation, the result has no effect on any family court proceedings. If mediation proves to be successful, then the terms spouses and family members agree upon can be presented to the court for approval as part of a divorce settlement. If mediation is not successful, a court will be making the determination regarding the results of divorce or custody proceedings, and the requirement that one parent or spouse must pay the other spouse child or spousal support payments.
Many mediators are not licensed as attorneys in Arizona. This can present some serious problems as most family and divorce law cases involve complex legal issues including: custody, parenting time, child support, property and asset division, etc. At Reppucci & Roeder all of our mediators are qualified attorneys licensed within the state of Arizona. For this reason, both parties can rest assured knowing that they have hired a mediator who can help navigate the complexities of Arizona law.