
Divorce can be hard and emotionally draining, but mediation is a less confrontational and typically faster way to settle things. Couples in Arizona who want to end their marriage peacefully often choose mediation. One of the most popular questions couples ask is, “How long does mediation for divorce take?” The answer depends on a number of things, but knowing how the process works can help you plan ahead and know when things will happen. Read on to learn more.
In divorce mediation, a neutral third person called the mediator helps spouses talk about their problems and come to an agreement on the terms of their divorce. Some of these words are how to split up assets and debts, who gets custody of the kids, and alimony. Couples use mediation to come to an arrangement that works for both of them so that a judge doesn’t have to decide these critical issues in court.
Getting Ready for Mediation: The First Steps
Before mediation starts, a few things need to happen:
Picking a mediator.
Couples need to agree on a mediator who knows a lot about family law and how to mediate. Both sides need to be okay with the mediator they choose.
Collecting paperwork.
Both sides will need to get vital papers about their money, property, and other assets. These include things like tax returns, bank statements, mortgage papers, and more.
Setting up a first meeting.
The mediator will generally have a first meeting with the couple to explain how mediation works, address any questions, and see if they are a good fit for mediation. This gathering also helps figure out what problems need to be solved. This first step can take anything from a few days to a few weeks, depending on how quickly the couple can choose a mediator and get the paperwork they need.
The Mediation Process: Dates and Sessions
Most of the time, mediations in Arizona last for one full day. But couples can always have a second all-day or half-day session if they need additional time. The number and length of sessions can change depending on how complicated the problems are and how much the participants agree or disagree with each other. This is a general overview of the steps that need to be taken:
First Session
The initial mediation session is usually about figuring out what the couple’s primary problems are with the divorce arrangements. The mediator will set the rules for how to talk to each other and explain the aims. After that, the mediator will talk about and negotiate the division of marital assets and debts, make a parenting plan, figure out child support responsibilities, and, if necessary, talk about spousal support.
Next Sessions
If needed, a second session will help couples deal with problems that weren’t dealt with in the first session or need more meditation and talking to come to an agreement. Most couples won’t require a second session, but if they do, they can have one.
Writing the Agreement
The mediator will write up a settlement agreement that spells out the conditions once everyone agrees on everything. Both sides will read this document, usually with their lawyers, to make sure it truly reflects what they agreed on and understood.
Finalization
The court then gets the completed agreement to go over and approve. If the court thinks the agreement is fair and follows the law, they will issue a divorce decree based on the provisions of the mediation agreement.
Things That Affect How Long Mediation Lasts
There are a number of things that can affect how long the mediation process takes, such as:
How complicated the problems are.
Mediation will probably take longer if the issues are more complicated, including big assets, businesses, or custody arrangements that are in dispute.
How much cooperation there is.
Couples who can talk to each other and are willing to give up something tend to finish mediation faster than those who don’t want to talk about it.
Getting ready.
Being well-prepared with all the paperwork you need and knowing exactly what you want to achieve helps speed things up.
Availability.
The timing might be affected by the availability of both the mediator and the parties involved. Conflicts in scheduling can cause sessions to be pushed back and the process to take longer.
Being emotionally ready.
Divorce may be an emotional process, and sometimes one or both people need time to go through their feelings before they can be effective in mediation.
A Typical Timeline for Mediation
Because of the things listed above, divorce mediation might take a long time or a short time. It can take anywhere from a few weeks to a few months. If the case is simple and there aren’t many difficulties that need to be worked out, it could be settled in just two or three meetings over the course of a few weeks. More complicated instances can need six to ten sessions spaced out over a few months.
Benefits of Mediation
Mediation has a number of benefits over traditional litigation, even though it takes a lot of time:
Mediation is usually cheaper than going to court since it doesn’t cost as much for lawyers to bill hours and it doesn’t cost as much for court expenses.
Court cases are open to the public, but mediation is not. This anonymity can be good for couples who want to keep things private.
In mediation, couples have more say over the outcome than in court, where a judge makes the final decisions.
Mediation helps people work together and can help them get along better after a divorce, which is especially crucial when there are young children involved.
Need an Affordable Divorce lawyer in Scottsdale?
The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.