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Mediation

When a divorce is litigated to final orders, judges decide how your property and debts will be distributed, where your children will live, and many other important matters in your life. Why put your fate in the hands of a stranger?

In Arizona, either spouse can ask the court to order mediation before litigating the divorce, either to conciliate the marriage, or in a bid to help parties to reach an amicable settlement, thus avoiding expensive and protracted litigation. In addition, if one spouse disagrees that the marriage is irretrievably broken, the court can order a conciliation conference, which both spouses must attend to try to resolve matters. McKay Law will offer sound advice and assistance in relation to mediation.

When spouses who are headed towards divorce are committed to reaching an amicable agreement without court intervention, mediation is often the most effective strategy for approaching the case. In mediation, the attorney acts as an impartial third party who serves to assist the spouses in working out all child custody and visitation issues, financial issues including child support and spousal support, and property division based on both parties' needs and desires.

Mediation is about compromise and cooperating to settle on a set of agreements that will be approved by the court. The goal is to avoid costly and drawn-out adversarial litigation so that both parties can put the divorce behind them and move on with their lives. And you have control and ownership of the process, rather than leaving the terms of your divorce up to the arbitrary dictates of a judge, you and your spouse maintain control of the process. While the final terms may not be 100 percent in alignment with your wishes, you at least played a primary role in reaching the settlement agreement.

Mediation works. Years of research have told us that couples who mediate their divorce are much more likely to have satisfaction with the divorce process and the results than an adversarial couple. Not only is mediation more inexpensive and less time-consuming, but couples are less likely to return to court later.

Mediation usually also benefits children too as it helps to prevent heated custody battles, thereby minimizing the emotional trauma to which children might otherwise be subjected.

Because both parties are cooperatively trying to work things out, divorce mediation is almost always faster and less expensive than going the route of litigation. Furthermore, the skills learned during mediation often lay the groundwork for a future relationship of respect and cooperation. Learn more about this approach and find out whether it is a suitable solution for your divorce by contacting us now for an initial consultation.

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