How Mediation Works in a Divorce
How Does Mediation Work in my Divorce?
Mediation is a very broad term that we use in relationship to alternative dispute resolution. From a legal standpoint, mediation normally stands for when you have a neutral third party that will intervene with the parties in order to help them negotiate an agreement. However, in a broader sense, mediation is something that occurs in every case, whether there is a neutral third party or not. An example of that would be the attorneys and their clients sitting down and having a discussion and trying to resolve issues. This is typically called a four-way. These can be very productive and don’t incur the costs of a neutral third party. Another example would be the attorneys just talking through the issues in order to try to reach a resolution. A third example of that would be the parties just sitting down and having a discussion and working the agreements out on their own. These are all forms of mediation and I tell every client that coming to a resolution on your own and in agreement is going to be better for you even if the agreement is the same, but issued by the court. You’re always going to be happier with your own agreement than being told what to do.
About the author: Jason B. Castle is a Partner at the Phoenix law firm of Jaburg Wilk. He is the President of the Arizona Chapter of the Association of Family and Conciliation Courts, member of the State Bar of Arizona, and a member of the Maricopa County Bar Association, where he chaired the Family Law Section and Legislative Committee. He has expertise in child custody and Decision Making Authority. More recently he was named a Southwest Super Lawyer Rising Star.