formerly

Mediation is a confidential dispute resolution process in which a mediator (neutral third party) assists parties in finding a long-term solution to their conflict. Mediation may be voluntary or ordered by the Court in certain types of cases.  Mediation can be a cost effective solution to resolve most legal issues.  We provide mediation services for most civil, family law matters, and neighbor disputes.

Mediators.  Your mediator may be a professional trained in mediation and may also be a licensed attorney.  Mediators will be assigned to cases based upon availability and considering the mediator’s familiarity with the issues claimed for which the mediation will be conducted. The mediator will not side with either party, force his/her personal views, nor force either party to make a decision.  However, if your assigned mediator is also an attorney, you may be advised of legal ramifications if the issues are not resolved in absence of litigation or further litigation.  . 

Mediation Sessions.  Our mediation sessions are informal and conducted in a neutral, private setting.  The mediator will select the appropriate style of mediation that the mediator believes will be the most effective after speaking to both parties and gathering necessary information.  During a mediation session you can expect your mediator to:

  • Listen to both parties explanation and position of the issue(s) in conflict;
  • Ask questions to clarify and understand the issue(s);
  • Guide the parties through a process to develop long-term solutions; and
  • Draft an agreement that memorializes the agreement between the parties.


Confidentiality.  The mediation process is confidential in most cases.  However, the mediator has the duty to report cases of child abuse, elder abuse, and credible threats of violence.   Other than in circumstances where the mediator has a duty to report, the mediator will not share or otherwise disclose information discussed during the mediation with anyone outside of the Center.  Information shared with employees of the Center will only be to the extent needed for record keeping purposes and/or the drafting of the agreement or other necessary documents.

Voluntary.  Mediation is voluntary, meaning that either party may end the mediation process at any time and neither party can be forced to reach an agreement.  Although either party may end the process at any time, each party should enter the process with an open mind and with the goal of resolution to avoid wasting the parties’ money and time.
 
Agreement.  If the parties reach an agreement, the mediator or a Center employee will draft a document memorializing the agreement.  The agreement will serve as a legally binding document if the parties agree to such.    

The Divorce & Mediation Center, PLLC © 2017. All Rights Reserved.


Licensed to practice law in the state of Arizona.

This website is governed by the State Bar of Arizona, Rules of Professional Conduct.