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Phoenix AZ Family Law Blog

Wednesday, March 21, 2018

The Benefits of Divorce Mediation in Arizona

Q: Should I consider divorce mediation?

Getting a divorce in Arizona doesn't have to be an ugly courtroom drama.

Phoenix mediation attorneys know that if couples are willing to consider mediation--working with an impartial third-party in an attempt to amicably resolve their issues--they can maintain better control of the outcome of their divorce. Specifically, divorcing parents can resolve their legal decision-making and parenting time issues on mutually agreeable terms rather than rolling the dice and turning the decision-making over to a judge.

In addition to setting legal decision-making and parenting time responsibilities, mediation can solidify the many issues co-parents face in a parenting plan including:

  • a parenting time schedule

  • times and locations for child exchange

  • process to follow in the event the plan is breached

  • periodic review dates of the plan

  • procedures for communicating between co-parents, and more.

The benefits of mediation are that it allows couples to remain in control and it can be a faster and less expensive process than a traditional courtroom divorce.  The mediator can often keep the parties focused during discussions and help them avoid drifting into emotionally-charged debates. In addition, the parties talk to each other directly, rather than through their individual attorneys. Mediation doesn't always work and since the parties aren't forced to agree to any terms, there’s no harm in trying mediation first. If mediation fails, the parties can move forward with a traditional divorce proceeding.

Generally, when couples are able to keep communication open and try to resolve their issues amicably through a process of mediation, the couple, as well as their children, can benefit. In fact, some marriage counselors believe that open communication and good counseling --even in cases where infidelity has caused one partner to want to divorce the other--can allow some couples to "'divorce' their old marriages and start anew with a relationship that is more honest and loving."

If you are considering a divorce, whether you want to proceed with mediation or litigation, Cohen Family Law can help. Contact us today for a consultation.

From our office in Phoenix, we help families in transition throughout Arizona in all areas of family law.


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