MEDIATION, NOT LITIGATION

Best Mediation Services provides mediation and alternative dispute resolution services to parties involved in a family law matter, such as a divorce, parenting time disputes, or changes to child support.

Family law mediation is a method of resolving issues and disputes during the difficult time of divorce by talking with a mediator to resolve your disagreements. Mediation is conducted in a relaxed, comfortable office atmosphere with the mediator and the parties. Family law mediation can also be used to help persons with other legal family issues such as separation, child custody, child support, post decree modifications, disputes about parenting issues after a divorce, domestic partnership issues with children and property, and unmarried persons issues with children and property. There are a myriad of issues and problems that may confront people when they are attempting to navigate the emotional terrain of family law. Best Mediation is designed to be a win-win solution for the parties involved. Parties do not need to have a retained attorney that represents their interests but outside counsel is certainly not discouraged. However, it is recommended that an attorney review any final legal documents before they are signed or filed with the court.

In addition to conducting the mediation, Best Mediation Services can complete your family law matter by drafting all the necessary documents to be submitted to the court. We can draft a memorandum of understanding to memorialize the parties' agreements, draft the petition and supporting documents to initiate your case in the court, and draft and file the consent decree, parenting plan, and property settlement agreement to finalize your case.

ADVANTAGES OF MEDIATION

Best Interests of the Children:

Mediation is designed to help parents focus on the best interests of the children. The mediation process helps the parties’ remain aware that despite their differences that brought them to the mediation process; they must continue to communicate for the sake of their child. The mediation process will preserve the parties’ relationship which will benefit the child in the future years. It is also important to recognize future issues that may arise and put a mechanism in place that will prevent future litigation.

Custom-tailored Agreements:

The relaxed atmosphere of mediation allows for creative settlements that are tailored to the parties’ individualized circumstances. Mediation permits the parties to control the outcome of their case; rather than the court. The tailored agreements typically result from both parties’ determination of how they will share their child, how they will make major decisions concerning their children, who will pay child support and how much, and how to equitably divide property and debts.

THE PARTIES' OBLIGATIONS:
- Desire to compromise and find a resolution
- Act in good faith
- Listen calmly to other party; even if you disagree with their statements
- Stay professional and considerate of other parties’ statements
- Conduct good communication with other party and mediator
- Have an active role in the decision-making process
- Full disclosure of all debts and assets and information required in Rule 49

THE MEDIATOR’S ROLE:
- Identifies the issues with the help of the parties
- Outlines and discusses the possible solutions for each issue
- Shares experiences as a practicing family law litigation attorney
- Recognizes each parties’ needs, fears, and desires for the outcome
- Encourages a spirit of cooperation
- Keeps the focus on the parties’ future rather than their past
- Accepts the parties as they are and refuses to judge or control the parties
- Allows the parties to take their time and not be coerced
- Remains neutral
- Helps the parties in a professional, encouraging, courteous manner
- Emphasizes that the mediator does not represent either party nor give legal advice

A learned judge once said that no one wins in court. What he meant by his statement is that the family loses control of the decisions and it is extremely expensive. Instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case. In addition, if the parties initially retain two separate attorneys, the court may still order the parties to attempt mediation before there is a trial. Best Mediation Services welcomes parties who are represented by counsel as well as parties who are unrepresented. Attempting mediation before courtroom litigation will save the parties time and money.

f you choose to go to court for your case, you will be required to provide documents to the court and the other party on strict deadlines, such as mandatory disclosures, responses to discovery, affidavits of financial information, resolution statements, proposed findings of fact and conclusions of law, and pretrial statements. Further, you may have to attend numerous court hearings, such as a resolution management conference, review hearings, return hearings, status conferences, evidentiary hearings and a trial. You required under Rule 49 to obtain and provide copies of all pertinent documents and the opposing party must do the exact same thing. Obviously this is time consuming and expensive because you are producing duplicate documents back and forth. In mediation, the parties are under the same full disclosure rules, but they can work together to produce their documents. Courts do not excuse these requirements because you are unrepresented.

By allowing a mediator to assist your family resolve your issues, you can avoid court and all the other paperwork requirements for a litigated matter. You can avoid all the other steps and procedures of a litigated matter by negotiating all your issues. You must still file the initial pleadings and answer, attend the mandatory parenting class and file the required final documents, but it will be in a measured timely fashion, one that you can choose. You never have to step foot in a court room once you are able to mediate all your issues.

Best Mediation Services can assist families throughout Arizona, including Phoenix, Mesa, Glendale, Scottsdale, Tempe, Chandler, Peoria, Gilbert, Casa Grande, Tucson, Flagstaff, Anthem, Carefree, Cave Creek, Fountain Hills, Goodyear, Apache Junction, Avondale, Queen Creek, Sun City, Surprise, and all cities within Maricopa County, Yavapai County, Gila County, Pinal County, Mohave County, Pima County, Coconino County, La Paz County, and Santa Cruz County.

MEDIATION: STEP-BY-STEP

First, the parties must make a decision that they are able to discuss and consider their issues with the other party through mediation. The parties may decide to initiate a free telephone consultation with one of our attorneys. Then, the parties make an appointment and come to our office. Remember, the proceedings are confidential and nothing can be used in a court proceeding. The success of mediation depends on the attitudes of the parties. It begins with the understanding that each party wants to mediate and resolve their dispute in a positive and calm manner. If either party has an attitude of wanting to “win” or to “hurt” the other person, mediation most likely will not work.

The process begins with a meeting with the first meeting, usually lasting one to two hours. The mediator explains her or his role of assisting the parties resolve their issues. And, even though the mediator is an experienced family law attorney who practices law, she is not in her role as an attorney when she is a mediator. However, her legal background helps both procedurally and substantially with the mediation process.

ISSUES

The mediator, in an impartial role, will help the parties define the issues, explain the legal process in the State of Arizona and then assist the parties in finding mutual agreements. The mediator’s job is to keep the parties conversing about the issues and help them move toward agreements. To accomplish this, the mediator engages in conversation with the parties to identify issues and possible solutions. Throughout the conversation, the mediator may propose various settlement options.

AGREEMENTS

There is no coercion and both parties must agree in order for there to be any agreements. It may often take more than one conference to resolve all the issues. Family issues invoke a great deal of emotion and sometimes people need time to think about the process and the decisions that need to be made. There is no rush about this process.

Some parties may be able to reach agreements on all issues in one session, while others may require multiple sessions. Additionally, the parties can meet together with the mediator or individually. For example, some parties may wish to sit together at a table with the mediator, while others may prefer to be in different rooms and have the mediator move between the parties, acting as a liaison between the parties. The latter approach helps minimize the emotion associated with meeting face-to-face and promotes progress on the individual issues. Each case is different and our goal is to find an approach that will work best for your family.

THE PARTIES HAVE REACHED A VERBAL AGREEMENT

Two persons cannot divorce or legally separate unless, and until, certain paperwork is filed with the court. In Arizona, Family Law Rule 69 requires parties to have a signed, written agreement, for it to be binding in court. In some cases, the parties may not need or want their agreement to be enforceable. In other situations, it is required that the agreement be filed with the court. Best Mediation can assist the parties in completing all the required paperwork. We can also draft the necessary decree or other paperwork such as child support, for your case.

DOCUMENT DRAFTING SERVICE

Once the parties have reached a verbal agreement, Best Mediation Services can draft a Memorandum of Understanding to memorialize the parties' agreements, which complies with Rule 69. We can also draft the petition and supporting documents to initiate your case in the court, as well as draft and file the consent decree, parenting plan, and property settlement agreement to finalize your case. We can draft all your documents from start to finish.

MEDIATION FREQUENTLY ASKED QUESTIONS (FAQ)

What is mediation?
Mediation is a negotiation method of nonbinding dispute resolution involving a neutral third party mediator who assists the parties reach a mutually agreeable resolution. Mediation is the fastest growing Alternative Dispute Resolution (ADR) method. In mediation, the parties create their own settlement terms with the assistant of an impartial mediator.

How much does mediation cost?
On average, mediation can cost approximately less than 70-80% of total litigation costs. At Best Mediation Services, parties can pay by the hour in a step-by-step process.

Does mediation cost less than two attorneys?
Yes. Instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case.

How will the costs be determined or divided between the parties?
The parties can decide how to divide the cost of the mediation.

What paperwork must be filed with the court to complete the mediation process?
No paperwork is required to be filed unless you are getting divorced, legally separated or want child support payments to be made through the State of Arizona Support Payment Clearinghouse.

Where does this paperwork get filed?
Best Mediation Service also provides a document preparation and filing service. The paperwork agreed to in mediation can be filed with the Maricopa County Superior Court.

Can I be divorced after mediation?
You will be divorced after the required documents are filed with the court and a judge signs the consent decree.

Can the mediator also act as your attorney?
No, a mediator cannot act as both your mediator and your individual attorney because that would be a conflict of interest. If you would like Ms. Best to represent you individually to handle your case, you may visit our website at www.bestlawaz.com. Once an attorney becomes your mediator, he or she cannot represent either party.

What legal effects does mediation present?
Non-binding: A party in the mediation process is not bound to any outcome reached in the mediation process when they agree to mediate, sign an Agreement to Mediate or enter into the mediation process.
Binding: Mediation is binding only if an agreement is reached by both parties, it is in writing, and it is signed by both parties. How long does the average divorce take in the litigation process?
In the Phoenix area, the average divorce proceedings take 6-12 months.

Can I still have an attorney if I mediate?
Yes, retaining individual counsel is an option; however it is not necessary. Individual attorneys may advise their clients of their legal rights throughout the mediation process and assist in reviewing agreements reached in mediation before they are signed or filed. The individual attorney may or may not choose to attend the mediation.

If I’ve already filed for divorce, can we still mediate?
Yes, mediation is an option for parties’ even if they have already filed for divorce. Often times, parties may decide litigation is not cost-effective or that with the help of a third party they can resolve their issues without the long, expensive litigation process.

When is mediation successful?
Mediation is successful when both parties are active, willing, and cooperative in the mediation process. The parties must have a desire to compromise and find a resolution. In addition, the parties must act in good faith, be professional and listen to the other party.

Who will prepare the mediation agreement documents?
Best Mediation Services provides document preparation services, including Rule 69 Agreements (Memorandum of Understanding) that memorialize the parties' agreements, the petition and supporting documents to initiate your case in the court, and draft and file consent decrees, parenting plans, and property settlement agreements to finalize your case.

What if we cannot make an agreement?
If all outstanding issues cannot be resolved in the mediation process, the court will have to decide them. The mediator cannot represent either party if the mediation fails, nor can either party use any settlement negotiations as evidence in court under Arizona Rules of Evidence, Rule 408, and the family law rules.

Are there areas of family law that cannot be mediated?
Substance abuse and domestic violence are issues that are not generally suitable for mediation.

What are some helpful personal documents to bring into mediation?
All of this will be addressed at the initial meeting with the mediator. Each party is under the full disclosure requirements of the Arizona Rules of Family Law Procedure, including Rule 49.

What is special about Best Mediation Services?
We care. Our attorneys have witnessed the devastation that conflict causes families. We recognize that a spirit of cooperation is a lifelong gift that families can give to themselves.