The vast majority of divorce cases are not resolved through a trial. They settle at some point in the process before the issues are submitted to a judge to make the decision. Most cases are settled through negotiations involving lawyers for both sides who work out an agreement for their respective clients. Some cases are resolved through mediation, which involves a neutral third party who assists the parties in coming to an agreement. If the case is proceeding but no settlement is in sight, it might be worthwhile for the parties to hire a mediator.
What should be considered when hiring a mediator?
1. Is the mediator affordable?
The parties usually split the cost of the mediator, and it is usually far less than what trial expenses would be.
2. Does the mediator specialize in divorce cases?
Mediators come in all varieties. Some only handle family law cases; others will mediate almost any kind of litigation. Other mediators may be retired attorneys or practicing attorneys who act as mediators while also representing their own clients. They too might only handle family law cases or work in a variety of different areas. Mediators specializing in divorce cases usually have a greater knowledge of the legal issues involved, the divorce process and the personal and emotional issues the parties are going through. For these reasons, a mediator that specializes in divorce should be sought out.
3. Is the mediator a good problem solver?
Problem solving should be the mediator’s strong suit. Is the mediator creative? Can he or she look at the issues in a new light and come up with a solution neither party has thought about? One of the key benefits to using a mediator is having a new set of educated, experienced eyes to look at the situation.
4. Is the mediator compassionate?
Divorce can be one of the most stressful legal processes a person can go through. Does the mediator appreciate and understand the emotional states of both sides? Does he or she want to work out an agreement that benefits both sides and addresses the needs of both parties or is he or she just interested in a resolution no matter how one-sided?
If you think mediation might help in achieving a more amicable divorce, you should be represented by an attorney before starting the process. Cohen Family Law will use their time, energy, experience and knowledge to make sure your rights are protected during the mediation process.
If you are thinking about getting divorced or are currently involved in the process, divorce mediation is an option worth considering. Call the experienced attorneys at Cohen Family Law in Phoenix, Arizona at (602)714-8898 and ask for your free consultation today.