Mediation Lawyer Chandler, AZ
Why choose our Mediation Lawyer in Chandler, AZ?
What is a Mediation Lawyer Chandler?
A Mediation Lawyer can either be a person conducting a mediation or a person helping guide you during your mediation. Both, while having very different roles, can be helpful. Citadel Law Firm can help you if you need a Mediation Lawyer in Chandler. There are countless benefits to a Mediation Lawyer conducting a mediation during your divorce or custody dispute.
If you’re new to the process or need a little background, which is completely normal, a mediation is an informal meeting between the parties and the attorneys with a neutral, third party present who is tasked with facilitating the conversation and helping the parties come to a mutually agreed upon resolution. Importantly, a Mediation Lawyer Chandler AZ has no authority to force the parties into an agreement. The only way the Mediation Attorney can bind the parties to an agreement is if both parties agreed in writing giving the Mediation Lawyer the power to draft an agreement.
What are some advantages of using a Mediation Lawyer?
- The process is generally quicker
If you are using an experienced Mediation Lawyer, you can likely find resolution significantly faster than if you were to take your case all the way to trial. Currently, the average duration from filing to the Petition for Dissolution (divorce) to the final trial is 12 months. That amount of time does not include any time necessary for the court to rule on the matter and is only the average. There is a possibility your case could end up lasting significantly longer depending on the personalities involved. A Mediation Lawyer Chandler mediating the issues to settlement can greatly decrease the length of litigation. The reason is simple: with mediation, you skip much of the court action. You do not have to sit in for hearings, file motions, or go through a long, strenuous discovery phase.
- The process may be less expensive and better for the parties
Moreover, on average, parties spend roughly half of the money on attorney’s fees and overall costs when using a Mediation Lawyer and the process is much simpler. At trial is when the proverbial bullets get fired. The gloves come off and generally the dirty laundry is aired between the parties. As you can imagine, this process has a tendency, at least temporarily, to create distance between the parties and even more animosity between people who likely have a common shared interest – children. This helps nobody, especially the adorable and innocent 3rd parties who just want to love the heck out of mom and dad. A Mediation Lawyer will help keep costs and animosity down so that you and your ex can learn how to effectively co-parent with one another. A better relationship between the parents for sure help the child(ren) involved in the process of a divorce as well
- The process is generally less stressful
For a variety of reasons, hiring an experienced Mediation Lawyer Chandler AZ can be significantly less stressful than going through the strenuous process of litigation. First, mediation is generally less expensive and less time-consuming than what an expensive lawsuit that feels never ending can be. Second, mediation can be less stressful because a Mediation Lawyer Chandler works for both parties, which eliminates the need for frustrating back and forth conversations with other lawyers. Finally, unlike a lawsuit, mediation typically does not require you to take significant time off from your work schedule to simply, for example, attend a court hearing, or perhaps a deposition. The flexibility, quickness, and affordability of mediation all make it a viable, less stressful option worth considering.
- Nothing is binding unless you want it to be
This is unlike a lawsuit, where you are bound by the decision of a judge. With mediation, an agreement is only binding and legally enforceable if you agree to the terms of the agreement. If you do not voluntarily agree for a settlement to be binding, or if, for example, you agree to a settlement that turns out to be egregiously unfair, Arizona Law protects you. Rule 67.3(d) states the following:
“(1) each party entered the agreement voluntarily, without threat or undue influence, and after full disclosure of all relevant facts and information;
(2) each party intends the agreement to be final and binding;
(3) the agreement is fair and equitable; and
(4) if the parties have minor children in common, the agreement is in the best interests of the children.”
17B A.R.S. Rules Fam.Law Proc., Rule 67.3
Simply stated, if you are unhappy with negotiation or settlement offers fall, you can simply walk away, free of penalty.
I want a mediator - now what?
Great! We are happy to help. While mediation is not necessarily as complicated as going through a lawsuit, the mediation lawyers at Citadel Law still goes through an important process to get you the best possible outcome. A mediation generally follows the following steps:
Our Mediation Lawyer Chandler AZ will outline the mediation process to all sides involved while also describing his/her role. Each party is allowed to have other people present during the mediation.
Caucuses are private meetings held by the mediator with each party involved. Each party is placed in a separate room and spoken to confidentially with the mediator. This is an opportunity for each side to inform the mediator of their priorities, their rationale, and any compromises they are willing to make. Depending on the complexity of the issue and the flexibility of the parties involved, caucuses can be completed in as early as one day, or may take as long as several days.
- Negotiations and Settlement
After hearing the priorities of both parties, negotiations will be facilitated by the mediator. If both parties are able to come to an agreement, the mediator will write up a written contract to be signed by each party. This will make it enforceable. If parties are not able to come to an agreement, then the parties may walk away without any legally enforceable obligations.
At Citadel Law Firm PLLC we can help you with your mediation needs. Call us today at (480)565-8020 to talk to a Mediation Lawyer Chandler, AZ. The mediation process can be a faster and less expensive solution than a traditional divorce, we will be pleased to help you achieve a settlement.