Divorce Mediation Guidelines

Divorce Mediation is a voluntary process and is most likely to be successful if the parties are willing to make a good faith effort reach agreement. However, there is no legal obligation to either mediate or to agree any particular settlement.

Agreement in Mediation can be reached only when the parties have determined beforehand that their marriage relationship is ended. All questions of marital fault and blame will be disregarded in Mediation.

The Divorce Mediator is not a marriage counselor and will not attempt to reconcile the parties’ marriage.

Divorce Mediation is conducted in a spirit of cooperation and a willingness to listen to the other party.

The Mediator serves in the capacity of impartial third party and does not make decisions for either party or specifically advise either party how they should decide any issue. The Mediator will help provide options and alternatives in decision-making.

The Mediator provides the factual and legal information the parties need to make decisions and reach agreement.

The attorney / mediator does not represent either party but serves as a facilitator to the Divorce Mediation process.

Each party is encouraged to assert their own needs and to respect the needs of the other party.

Issues regarding division of marital property and spousal maintenance are resolved on the basis of the parties’ respective family circumstances and the laws of the State of Arizona.

During Mediation and where appropriate the parties will be encouraged to seek advice from outside professionals who can provide specialized information about the issues at hand. Parties are discouraged from seeking advice from friends and relatives.

The parties are encouraged to continue to share the responsibilities of the children in their post-divorce relationship.