Law Office of Christopher W. Caine.

Arizona Divorce Mediation


July 4, 2017

Mediation often works well in divorce cases. Through mediation you save tens of thousands of dollars versus fighting against your spouse in court. This method of resolution is different than arbitration. Your divorce mediator cannot rule on contested issues between spouses, only assisting on terms where they agree. But through a mediator you can reach a fair and equitable agreement, if you are willing to try.

A mediator keeps your discussions confidential, allowing the husband and wife confidence to freely discuss possible settlement terms. But if this mediation does not work, the discussed terms are not admissible as evidence in the court trial.

A good example of an area that may proceed to a court trial is monthly spousal maintenance. If one spouse offers the other a specific monthly sum for spousal maintenance for five years and the other spouse will not agree in mediation, this issue goes to court. But the paying spouse still has the right to deny the other is entitled to any maintenance at all in trial. The receiving spouse cannot use the mediation offer or those terms in court based on the paying spouse’s earlier offer in mediation.

Because what you say in mediation or the terms you discuss cannot be used against you in trial, this gives you more room to work things out to mediation settlement before going to trial. A little confidentiality can go a long way to save you time and money through the mediation process.

You Can Have a Lawyer Present for Mediation

When one spouse is disadvantaged during the divorce, it is not in their best interest to proceed to mediation without a divorce attorney. A good example is a victim of domestic violence, who should not go to mediation against their abuser without an attorney present. This lawyer protects the victim’s rights.

Of course, you do not have to gain representation by an attorney for mediation. Even when you do have an attorney, the mediator still facilitates the negotiations for settlement. This negotiator is a neutral third party seeking fair resolution for all concerned, through settlement discussions.

Going to trial costs tens of thousands of dollars in court and legal fees. So if you believe you can possible settle with your spouse through mediation, pursuing this option makes a lot of sense.

When Mediation Will Not Work

Many spouses struggle to agree on terms of their divorce in meditation or otherwise before going to court. While court cases cost far more, sometimes this is the nature of divorce. When that is the case, you need a qualified and experienced divorce lawyer by your side. Never attempt to represent yourself in a divorce case. In fact, having a lawyer representing you in mediation is better for your interests, as well.

For legal representation in your divorce, talk to a skilled divorce attorney. Lawyers provide the legal help you need for all family matters, such as divorce, child custody, spousal maintenance, child support, guardianship and grandparents’ rights.

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About the Author

Mr. Caine is the attorney in the Law Office of Christopher W. Caine. The office focuses its practice in the areas of Estate Planning, Elder Care Law, Bankruptcy, and Family Law.

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