Frequently Asked Questions

We charge $350 per hour for mediation, with a minimum of 2 hours for the initial meeting. If needed, subsequent sessions to resolve any outstanding issues can be scheduled with a 1 hour minimum.

In 95% of cases we mediate, the parties reach full agreements. If you are unable to reach full agreements at the first mediation session, you can schedule a second session to mediate any remaining disputed issues. You control the process, so the success is dependent on you and your spouse 's reasonableness.

The parties do. Our mediator will work with you to reach agreements, but ultimately all decisions, including the decisions to reach agreements or not reach agreements, belong to the parties. While the mediator will help evaluate the parties' positions regarding disputed issues to help facilitate agreements, the final decision is completely up to the parties.

Depending on the outstanding disagreements, you have the option to schedule another mediation session or take these issues to Court for a judge to decide. Frequently, a second mediation session can be helpful prior to seeking Court intervention and spending substantial time and money on the fees and costs of litigation. Even if you don't reach agreements on all issues, reaching agreements on some of the issues saves you the time, stress, and money involved in going to court over those issues.

Absolutely. You can mediate at any time during the divorce process. If you have already filed, please let us know if you have any deadlines or hearings coming up. Even if you have already filed in Court, it is possible that you can have everything fully resolved without ever having to step foot again in Court.

The mediator guides and moderates the discussion, but both parties are given a chance to speak, and neither party is forced to make any agreements. The mediator helps the parties reach fair and equitable solutions for all the issues that need to be resolved. In the event the parties reach partial or full agreements, the mediator types a Memorandum of Understanding (agreement) for the parties to review and sign.

The mediator will not give you or the other party legal advice. This means the mediator will not tell you whether you should agree or disagree with what is being proposed by the other party. But the mediator will tell you what the law is and will tell you how judges normally rule, based on his/her experience. The mediator may propose resolutions for you to consider facilitating fair and efficient resolution.

Yes, bot h parties must sig n a confidentiality agreement prior to beginning mediation and neither party's positions can be used in Court. The mediator may not be called as a witness, should your case move forward with litigation. What you discuss with our mediators and staff is confidential pursuant to Rule 67.3(b)(I), Arizona Rules of Family Law Procedure and our confidentiality agreement. There are limited exceptions that are extraordinarily rare.

Once the Petition for Dissolution is filed with the Court and the Acceptance of Service is signed the 60-day waiting period begins. During this time, you can prepare your Consent Decree to be filed on the 61st day to be signed by the Judge.

Yes, we can draft all the documents you need to file with the court. But for us to be allowed to draft your documents, we need both parties to sign a conflict waiver, and we will need to enter into a separate agreement before we are legally allowed to draft your divorce documents.

You don’t need a lawyer to represent you. That is one of the benefits and cost saving aspects of mediation. But having a lawyer is allowed and in certain circumstances may be beneficial. If you and your spouse would feel more comfortable with you each being represented by an attorney at your mediation, we would be happy to accommodate that. the mediator thinks the parties would benefit from being separated to ensure both parties are transparent and honest about their goals and concerns.

Generally, our mediators prefer to meet with both parties in the same room if the parties can be cordial to each other. But the parties can be separated into separate comfortable conference rooms if (1) one of the parties would prefer to meet separately, or (2) the mediator thinks the parties would benefit from being separated to ensure both parties are transparent and honest about their goals and concerns.

The mediator focuses the conversation on one issue at a time. Generally, a mediator will start with the issues where the parties are closest to reaching an agreement and then work toward the more difficult issues. But in some mediations, the mediator may change that order. The mediator will address specific topics and ask each party how they would like to resolve the issue. Where the parties are close on an issue, the mediator may propose a resolution for the parties to consider. Where the parties are far away, the mediator can help guide the parties' negotiation and help the parties reach fair compromises to avoid the costs and stress of further Court intervention.

In every divorce, we must divide all the marital property (which typically includes a house, bank accounts, vehicles, retirement accounts, stock options, credit card debts, and other debts) and decide if there is a claim for spousal maint enance. In a divorce with children, we must determine the custodial issues of legal decision-making and parenting time (the parenting schedule) and child support.

Absolutely not, the mediator must be neutral. Our mediators are evaluative and help the parties understand, based on their extensive experience, their positions and risks if they go to Court and what a Court may decide. However, our mediators always strive to be fair and impartial and do not give either party legal advice.

To help parties reach agreements and avoid the cost, time, and stress of battling outstanding issues out in Court. Mediation also helps the parties control the outcome and avoids putting what will happen with their property and children in the hands of a judge who may issue a ruling that simultaneously upsets both parties.

The division of costs is up to the two of you to decide. Generally, parties agree to split the costs or divide them proportionately, but often one party covers the full cost of mediation when he/she makes significantly more than the other party. The division of costs for mediation and drafting final documents can also be negotiated as part of your agreements.