Understanding Divorce Mediation in Arizona
During the divorce process, you and your spouse may benefit by coming to an agreement regarding several issues. Some of those issues might include division of the marital property, child custody arrangements, and whether child and/or spousal support is needed.
Despite the large role that finances may play in these issues, emotions often reduce the opportunity to settle. If you and your spouse are having trouble agreeing on any divorce-related issue, speaking to an experienced Phoenix divorce attorney is essential. Often an attorney can recommend mediation or some other alternative method for resolving a dispute.
What is Mediation?
Mediation is a confidential process intended to settle contentious issues by encouraging collaboration and cooperation. During mediation, you, your spouse, and your attorneys sit down with a neutral third party, known as a “mediator.” The mediator is present to help you find common ground and reach an agreement on any outstanding issues. The mediator is not present to talk you out of a divorce, but rather, to help you reach a settlement.
You may consult a mediator at any time during the divorce process. Before the divorce papers are served, you may discuss living arrangements, parenting time, and other issues with a mediator. During the divorce process, any issue appropriate for a divorce settlement – or such issues that may be litigated in court – can be discussed in mediation. Mediation is one option for dealing with disputes even after a divorce is finalized.
Mediation is not appropriate in all situations. If violence or threats of violence have occurred between the spouses, for instance, mediation may not be appropriate. Your attorney can help you determine whether mediation is right for you and help you choose an experienced mediator.
About the Author
Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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