Divorce mediation takes the war out of divorce

You and your spouse have decided to call it quits. The problem is, though, that you are not exactly excited about the idea of going toe-to-toe with your future ex-spouse. The good news is that you do not have to.

With divorce mediation, a type of alternative dispute resolution, you and your future ex can try to resolve your divorce matters amicably, outside of court. Here is a rundown of how mediation works and whether it may be beneficial in your divorce case in Arizona.

What exactly is mediation?

Mediation is basically negotiation that a neutral third party facilitates. It is different from arbitration -- an alternative dispute resolution process that mirrors a trial. Unlike in arbitration, in mediation, the third party does not take part in any decision-making. Mediation may be a wise option for you if you and your future ex-spouse cannot resolve a particular dispute. This process is usually a short-term, hands-on, structured and task-oriented process.

Your third party, or mediator, will help you and your future ex-spouse to find common ground as well as deal with expectations that may be unrealistic. The mediator might also provide creative solutions as well as help with putting together the final settlement. Your mediator's role is essentially to interpret your concerns, frame issues, define problems, and communicate information between you and the other party. After you and the other party have reached a resolution, your agreement will become part of a court judgment.

Why is mediation worth considering?

You may want to consider mediation because this process allows you and your future ex to feel more in control of your divorce proceeding. You get to control where and when the mediation happens, who all will be present and how your neutral third party will interact with you and your soon-to-be ex.

Another benefit of mediation is that it is usually more procedurally simple, more prompt and less expensive than traditional litigation is. It permits you and the other party to concentrate on the circumstances that have contributed to your dispute, instead of narrow issues causing a hang-up. In addition, mediation does not emphasize fault or truth -- all that is important is that you and your spouse resolve your issues. It is within your rights to seek the most personally beneficial resolutions during the divorce mediation process in Arizona.

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