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Donaldson | Cunningham
  • Home
  • About
    • Monica H. Donaldson Stewart
    • Benjamin H. Cunningham
    • Kate L. Kane
    • Logan Smith
  • Family Law
    • Divorce
    • Mediation
    • Prenuptial Agreements
    • Adoptions And Termination Of Parental Rights
    • Child Support
    • Collaborative Divorce
    • Grandparents’ Rights
    • Legal Decision-Making Authority And Parenting Time
    • Paternity
    • Property Division
    • Same-Sex Family Law
    • Spousal Maintenance
  • Estate Planning
    • Living Trusts
    • Living Wills
    • Powers Of Attorney
    • Wills
  • Testimonials
  • Blog
  • Contact
480-792-9771
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  5. Mediation

Is Divorce Mediation Right For You?

The decision to proceed with a divorce can be just as difficult as the divorce process itself. Rather than proceeding in litigation, which can set the stage for more fighting and stress, consider mediation as an alternative. In mediation, you and your spouse will work with a neutral third party who facilitates the discussions about the issues involved in the divorce and assists you in reaching agreements on those issues. The conversations will include important decisions regarding the division of assets and obligations.

How Does Mediation Work?

The parties select a neutral third-party mediator. The mediator does not make decisions regarding the divorce issues; rather, he or she facilitates a discussion where both parties discuss their goals. The final terms of the divorce settlement need to be agreed upon by both parties.

Learn More About The Many Benefits Of Mediation

Mediation is an empowering process with many benefits:

  • The process is relatively amicable, particularly as compared to divorce litigation.
  • Mediation can be more affordable than litigation.
  • You and the other party have essential, creative input into the divorce agreement – the options are virtually limitless.
  • You have control over the final outcome.

Frequently Asked Questions About Mediation

An experienced mediator can help a couple to find solutions to even the most complex of divorce disputes. Sometimes those solutions require hard work and a lot of creativity. Here are some of the more common questions we encounter about mediation:

What is the difference between mediation and collaborative divorce?

A mediation is a neutrally guided negotiation that allows both sides to bring their worries and concerns to someone who will facilitate discussions and work together to solve their issues.

A collaborative divorce is a process where both spouses and their attorneys agree in writing to resolve all issues outside of court. Other professionals, such as financial specialists or divorce coaches, may also be included to support the process.

A key feature of collaborative divorce is that if the case does not settle, the attorneys must withdraw and cannot represent the parties in litigation. This structure is designed to keep everyone focused on reaching an agreement rather than preparing for court.

Do we both need to agree to use mediation for our divorce?

Yes, mediation requires that both sides spouses are willing to participate in good faith.

Can mediation work if we don’t agree on anything?

Yes. Mediation can still work even when the parties start out far apart. Mediation is designed for people who do not initially agree. The process gives both sides a structured way to discuss issues, exchange information, and explore possible solutions. Many cases reach agreement only after negotiation and discussion.

Mediation is most effective when both parties are willing to participate in good faith, listen to each other’s positions, and remain open to compromise.

How much does divorce mediation cost compared to traditional litigation?

Divorce mediation is often less expensive than traditional litigation, and in many cases it allows couples to resolve all issues without going to court.

Mediation is generally more efficient because it is an out-of-court process. The parties work directly with a neutral mediator to reach agreements, rather than going through formal court procedures and contested hearings.

Litigation, by contrast, takes place in court and typically involves more procedural steps, more attorney time, and more court appearances, which increases overall cost.

Talk To Us To Learn More About Mediation

While divorce can be a difficult life transition, Donaldson Cunningham, P.C., strives to make the divorce process as streamlined as possible. To schedule your free consultation, please contact us online or call our Chandler, Arizona, law firm at 480-792-9770.

Practice Areas

  • Prenuptial Agreements
    • Estate Planning and Your Prenuptial Agreement
    • Prenuptial Agreement Checklist
    • Arizona Community Property vs. Your Prenup
    • Who Needs a Prenup?
  • Family Law
    • Adoptions And Termination Of Parental Rights
    • Child Support
    • Collaborative Divorce
    • Divorce
    • Grandparents’ Rights
    • Legal Decision-Making Authority And Parenting Time
    • Mediation
    • Modifications Enforcement
    • Paternity
    • Property Division
    • Same-Sex Family Law
    • Spousal Maintenance
  • Estate Planning
    • Living Trusts
    • Living Wills
    • Powers Of Attorney
    • Wills

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