Mediation can be an effective way to resolve tough issues in your family law case. The experienced Chandler family law attorneys at Blake & Pulsifer, PLC can help determine the right balance of negotiation versus litigation in your matter.
Much of the advice that you receive in a family law case centers on the fact that you should do whatever is within your power to avoid a courtroom hearing. However, family law matters involve delicate issues, and each parent may have their own viewpoint on sensitive matters. This means that an agreement is not always easy to come by at first. Mediation is a more intensive form of negotiation that can help move two parents or spouses in the direction of compromise.
Obtain legal advice in your family law case by speaking with Blake & Pulsifer, PLC. Our Chandler family lawyers can help you work towards a solution, providing you with legal guidance that is tailored to the facts of your case. Call us today at (480) 838-3000.
When Can Mediation Be Effective in My Individual Case?
Whether you are in the process of getting divorced or you have an ongoing co-parenting relationship, you may run into difficult issues. You want to find the most effective pathway to an agreement, but you also do not want to compromise on your own rights. Here, mediation can be an effective option for your case.
You and your spouse (or co-parent) will receive help from a trained third-party professional whose job it is to move you towards a compromise. They may do this by highlighting common areas of agreement and building trust before moving to more difficult topics. Mediation can be used for either discreet issues or to work towards a comprehensive settlement. You can avail yourself of mediation for either an initial divorce agreement or situations in the future when you are trying to modify a court order.
Mediation can be effective in both divorce and ongoing co-parenting matters. You can turn towards mediation as the opening move in negotiations or after a point when discussions have hit an impasse. Typically, you and the other party both participate in mediation sessions, along with your family law attorneys. Both parties may agree on a mediator ahead of time, or one can even be appointed by the court.
Although mediation is not a legal requirement in Maricopa County family law cases. Judges will certainly promote it. They often want to see that potential litigants are doing everything possible to avoid litigation.
You may consider mediation to be helpful in the following disputes and circumstances:
- Division of marital assets in a divorce (especially when there are disputes about valuation or what is considered a separate asset)
- Whether one spouse must pay support to the other
- Legal decision-making for the children
- The schedule for parenting time
Mediation can be helpful when you are trying to reach an initial agreement with your spouse or the other parent. Not only are you trying to resolve the issue at hand, but you must also be mindful of the potential relationship going forward. For example, if you are working to resolve custody issues, you must also consider the fact that you will need to work with the other parent in the future. Accordingly, you should do whatever is in your power to resolve any dispute as amicably as possible and reduce the risk of contentious litigation.
Mediation May Not Be Fitting for Every Situation
Mediation may not make as much sense when both parties are not committed to compromising and reaching an agreement. As much as you may want to resolve your case in a civil manner, you cannot compromise when you are the only one who is giving. The other party may be seeking only what they want, without any “give.” Mediation may not be an effective option in the following circumstances:
- You are dealing with a situation in which there is abuse
- You have to get into court quickly because there are emergency circumstances, such as harm to your children or hiding assets
- The other party will likely use mediation as a forum to try to coerce or intimidate you
There are some instances in which you may have no choice but to litigate your family law matter. In these cases, mediation may not be an effective use of your time and money.
Contact a Chandler Family Law Firm
The Tempe family lawyers at Blake & Pulsifer, PLC can give you pragmatic advice in your case, including whether mediation makes sense for you. It is best that you seek legal help early in your case. Schedule an appointment with a Chandler family law attorney by calling us today at (480) 838-3000 or by visiting our website.
