Scottsdale Divorce
Mediation Lawyers
Divorce is never easy, but mediation can help make the process less painful and more collaborative, and it allows both parties to reach a settlement in private, confidential settings.
The experienced Scottsdale divorce mediation lawyers at BTL Family Law have over 30 years of experience helping couples resolve their divorce issues. Our team has an intimate knowledge of Arizona law and understands how to get you through this trying process.
Why Choose Our Scottsdale Divorce Mediation Lawyers?
Divorce mediation is an essential tool in the practice of family law. Navigating the complexities of a marital separation can stir emotions, lead to protracted legal battles, and affect the parties involved long after the papers have been signed. Mediation offers an alternative path, providing a less adversarial method to resolve issues in a divorce. As divorce mediation lawyers based in Scottsdale, we at BTL Family Law provide representation, guidance, and assistance in this process, helping couples reach mutually agreeable solutions.
Mediation works when both parties are prepared to resolve their issues by negotiating a divorce settlement with the help of a neutral mediator. If you and your spouse are ready to try mediation, contact our law offices today to schedule a consultation to learn more.
Choosing the right representation for your divorce mediation can significantly influence the outcome of your separation. Here are some compelling reasons to choose our skilled Scottsdale divorce mediation lawyers:
Commitment to Fairness
We aim to ensure balance and fairness while executing our duties. We guide both parties toward a fair and equitable resolution that reflects their interests and concerns. We understand that every situation is unique. We take the time to understand the distinct aspects of your case and form tailor-made strategies accordingly.
Experienced Negotiators
Our lawyers are seasoned negotiators skilled at fostering constructive dialogue between the parties to facilitate agreement and resolution. We advocate for open communication, ensuring all parties have the opportunity to express their views and desires.
Comprehensive Experience
Our team is well-versed in Arizona’s family laws and mediation rules. We use this insight to help you navigate the mediation process with confidence.
At BTL Family Law, we believe in empowering our clients through mediation, providing a conscientious, balanced, and effective alternative to litigation. Contact us to discuss how we can assist you in navigating your divorce mediation.
Our Scottsdale Divorce Mediation Attorneys Are Ready to Assist You
At BTL Family Law, we believe in empowering our clients through mediation, providing a conscientious, balanced, and effective alternative to litigation. Contact us to discuss how we can assist you in navigating your divorce mediation.
Why Choose Divorce Mediation?
Mediation is a useful tool to resolve a family law dispute. It allows parties to reach an agreement on their terms and forego the expense and stress of a trial. Attending hearings and going to trial can be costly, stressful, and intimidating.
If your case goes to trial, you are leaving your life in the hands of the Judge. The Judge may decide against your favor on property division, parenting time, spousal support, and more. In mediation, the parties retain control over their case and can reach agreements that best fit their lives.
The Mediation Process Explained
Divorce mediation involves several steps designed to facilitate communication, ensure clarity, and ultimately lead to agreeable resolutions for both parties. The following are the steps our Scottsdale Divorce Mediation Lawyers can guide you through:
Step 1: Schedule Mediation
The first step in the mediation process is arranging a mediation session. This involves agreeing on a date and time that works best for both parties and the mediator, providing ample time for a fruitful and comprehensive discussion of all relevant issues.
Step 2: Both Parties Submit an Agreement to Mediate
Next, each party needs to submit an Agreement to Mediate. This document confirms your commitment to the mediation process, acknowledging that both parties are entering this process willingly, understand the procedures involved, and agree to abide by the outcomes.
Step 3: Both Parties Submit Their Individual Confidential Mediation Proposals
Before the mediation session, both parties are required to submit their confidential mediation proposals. This crucial stage involves outlining your goals, concerns, and desired outcomes for the mediation. The mediator reviews these proposals separately to gain an understanding of each party’s priorities and concerns.
Step 4: Attend Mediation and Sign Agreements Reached at Mediation
During the mediation session, both parties, guided by their respective attorneys, come together to discuss and negotiate on the various points in dispute. The goal is to reach acceptable resolutions on all issues. Any agreements reached during this process are documented and signed by both parties.
Step 5: Draft Agreements in a Form Acceptable for Submission to the Court
The subsequent step involves converting these agreed points into a formal, legally-binding document termed a “Mediated Settlement Agreement.” This document is prepared in a format that meets court standards for approval.
Step 6: Sign Final Documents and Submit them to the Court
Both parties then review the Mediated Settlement Agreement, and once all parties are content with the provisions, they sign the final document. This agreement is then submitted to the court for approval.
Step 7: Court Reviews and Enters Suitable Final Documents as Final Court Orders
After the court reviews the agreement and finds it satisfactory, it commonly enters the Mediated Settlement Agreement as a final court order. The divorce is finalized, concluding the process.
Our team of accomplished divorce mediation lawyers is equipped to guide you at each step, ensuring the process is conducted smoothly and resolved in an agreement that respects your interests and rights.
What Are the Advantages and Disadvantages of Divorce Mediation in Arizona?
Choosing mediation over other methods of divorce in Arizona has a many benefits, including:
- Cost-effectiveness. Traditional methods of divorce/legal separation may cost two to ten times more than mediation.
- A neutral party for negotiations. Divorce mediators are neutral third parties who can help ensure civil, collaborative legal decision-making.
- Retain power over the terms of your divorce. The mediator does not have the power to decide the terms of the divorce settlement agreement. You and your spouse have the ultimate say in resolving your case.
- An informal and flexible process. Mediation sessions are scheduled around each spouse’s availability and provide adequate time for dispute resolution.
- A faster process than litigation. Divorce mediation allows a couple to file a Consent Decree, which can be finalized much quicker.
- No need to appear in Court. Most divorcing couples using mediation do not have to appear in family court.
Mediation may not be suitable for everyone, though. There are a few disadvantages for couples to consider before making their decision. Because divorce mediators must remain neutral, they cannot offer legal advice or negotiate on behalf of either of the other parties. You may retain a divorce attorney to attend mediation sessions with you and negotiate on your behalf, however.
Mediation also requires equal and active participation. If your spouse is unwilling to participate in mediation, you must pursue other options. If you both agree to mediation, you must be willing to attend all mediation sessions and be fully prepared to discuss and resolve all of your divorce issues.
Preparing for Divorce Mediation in Arizona
The divorce mediation process can be straightforward, but it’s still a legal process that requires preparation from you and your spouse. We’ve put together this five-step divorce mediation checklist to help you get started, but you can also follow the steps below.
1. Consider Your Goals for Mediation
Before attending your first mediation session, be sure to write down the most important goals you and your spouse have for divorce mediation, such as a healthy co-parenting plan or fair division of marital property.
This is typically done in individual mediation memorandums. These memorandums are provided confidentially to the mediator. The mediator then uses the memos to structure the mediation.
2. Choose the Right Divorce Mediator
You always want a trustworthy mediator to help you through this process. When preparing for mediation, look for a family law or divorce attorney who offers mediation services.
It is in your best interest to choose a divorce lawyer who is knowledgeable in local and state laws regarding matters like child custody, child support, and spousal maintenance. Although they cannot offer legal advice, someone who understands divorce law can propose resolutions to common problems encountered by divorcing parties.
3. Determine How You Will Split Costs for Mediation Services
It’s very common for spouses to split the costs of mediation services equally, but that does not mean that an even split is best for your unique situation. Once you decide on a mediator and have inquired about typical fees, talk with your spouse about how you will divide the cost of mediation.
4. Prepare for Your First Mediation Session
Submit your mediation memorandum on time. Review any information you need before attending mediation. Being organized and knowledgeable for your first mediation session goes a long way to successful mediation.
5. Gather the Appropriate Documentation
Divorce mediation requires the appropriate documentation to corroborate each spouse’s claims. You’ll need a clear picture of your marital community for the most proactive divorce mediation. So, it is beneficial to review and sometimes even bring documents and other articles of information to help guide during mediation.
The documents you should gather and review to prepare for mediation include, but are not limited to:
- Official court documents, such as copies of your prenuptial or marital contracts.
- Assets and marital property documents, such as shared real estate deeds, current investment statements, and private party value statements for all shared vehicles.
- Personal and shared liabilities, such as current balance statements for all mortgages, home equity loans, motor vehicle loans, student loans, and other private loans.
- Income and tax documents, such as bank account statements, recent pay stubs, W-2 or 1099 agreements, and federal and state tax returns.
- Child-care-related information, such as childcare costs, health insurance costs, and the schedule and location of all current extracurricular activities.
Divorce Mediation FAQs
How Long Does Mediation Take?
How long the mediation process can take varies across divorce cases, though most couples can reach a resolution within a full-day session. Each mediation session can vary in duration, from one to two hours for minor disagreements to a full day for more complex issues.
Are We Separated During Mediation?
Yes. We separate the parties during mediation. We believe this leads to more productive conversations on resolving the issues as discussions are confidential, and the mediator will not relay what is said to the other party unless authorized.
Do You Offer Both In-Person and Virtual Divorce Mediation?
Yes. We offer both in-person and virtual mediation options. In both cases, the parties will be placed in separate rooms.
Will My Spouse and I Have to Appear in Court?
It’s rare for divorcing couples who opt for and are successful in mediation to appear in Court. A prominent benefit of divorce mediation is to avoid family court altogether.
If a judge approves your settlement agreement as written in your Consent Decree, you will be officially divorced. In the rare event a judge denies your agreement, you may need to seek advice from an experienced family law attorney to help both guide you procedurally and cure whatever issues the Court had with the agreement.
What if We Do Not Reach an Agreement?
Ultimately, if you cannot reach a full agreement, you will have to seek Court intervention to resolve any outstanding issues. At mediation, parties can reach both full and partial agreements. Even partial agreements are important because they narrow the issues going forward. If your case does proceed to trial, you will not have to spend money preparing to litigate the agreements you reached in mediation.
After We Reach an Agreement, Can You Help with the Documents the Court Needs?
Yes. We can help memorialize the agreements and prepare your formal paperwork for the Court.
What are the "Individual Confidential Mediation Proposals?"
They are confidential documents prepared by each party that identify what their positions are and what is important to them. The mediator will then use this information to help the parties reach agreements.
Our Mediation Team
Our mediators are experienced Scottsdale family law attorneys who understand the attention to detail necessary to avoid future issues.
Bryan K. Levy
By attending mediation parties can save thousands of dollars in attorneys' fees and take control of their case as opposed to letting a judge decide what happens to the most important things in their lives."
Contact Our Family Law Attorneys in Scottsdale, Arizona
Our family law and are conveniently located in Scottsdale, and our office has multiple comfortable conference rooms. We do our best to make our guests as comfortable as possible during this emotional process with refreshments, snacks, and WiFi access during mediation. Our separate conference rooms promote open discussions during mediation.
Our experienced Arizona attorneys have been serving families throughout Arizona, Maricopa County, and the greater Phoenix metropolitan area for decades. Contact us today for a consultation to learn more about how we can help you.
BTL Family Law – Scottsdale Office
8980 E Raintree Dr #110
Scottsdale, AZ 85260
P: (480) 307-6800