Divorce Arizona Mediation Style

Mediation and other forms of alternative dispute resolution (ADR) grew rapidly in the last few decades as a result of high divorce rates, frequent conflicts between parting parents, the resulting administrative burden on courts, and especially concerns about damaging effects on children and post-divorce family relationships. This bog touchs on our longitudinal research involving randomized trials of mediation and adversary settlement to support the conclusions that mediation can:  settle a large percentage of cases otherwise headed for court; possibly speed settlement, save money, and increase compliance with agreements;  clearly increase party satisfaction; and most importantly, lead to remarkably improved relationships between nonresidential parents and children, as well as between divorced parents, even twelve years after dispute settlement. The key “active ingredients” of mediation are likely to include:  the call for parental cooperation over the long run of co-parenting beyond the crisis of separation, the opportunity to address underlying emotional issues (albeit briefly), helping parents to establish a businesslike relationship, and the avoidance of divisive negotiations at a critical time for family relationships. 

We follow the research on mediation and other forms of ADR, as well as a renewal of the excitement and optimism of the “first generation” of mediators, qualities that are “active ingredients” in any successful social or psychological intervention.

The ultimate aim of divorce mediation is to produce settlement agreements. Once ratified by the court, these agreements are legally binding and extremely difficult to modify. Courts assume that everyone is adequately equipped to mediate and, with increasing frequency, order litigants into mediation. Nonetheless, commentators have acknowledged that at least occasionally, a party may be unable to proceed. Currently, no standard exists for determining when a party lacks sufficient understanding and ability to participate in mediation, yet the legally binding outcomes of mediation are too important to leave a determination of competence up to chance. In this article, the authors propose a new legal standard, with a basis in current law and policy, for competence to participate in mediation.

At WHYmediate? Our process helps people resolve conflicts and re-create relationships. Mediation is a conflict resolution process – a smart alternative to going to court, saving time, money, energy, stress and paperwork. You will walk away with an in-depth understanding of how to best address communication with the other party. Better mutual understanding can lead to current and future resolution!

At WHYmediate?, Find out why mediation will allow you to resolve many different types of conflicts in a positive learning environment that covers how to deal with all the upcoming days in your life.

WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300 
Tempe, AZ 85282 
(480) 777-5500
http://whymediate.solutions