Arizona Mediation

Why should I mediate (instead of going to court)?

Mediation gives both parties the chance to talk about their problems, instead of just going to court and battling it out. Oftentimes, conflict is the result of a misunderstanding or an inability to follow through, at least for some length of time. Going to court gives the plaintiff the opportunity to get the two things they want most from the conflict - a cash reward (usually to pay for damages or replace something) and closure.

Mediation can provide both those things by bringing the conflict up front, guiding both parties through the issues and getting both parties to agree on a suitable solution. Every mediation doesn't always end in an agreement, so going to court is still and option, but by trying mediation first, you can save time, money and effort up front, and if it is successful, you won't have to go to court.

What is the result of mediation?
The result of mediation is a legally binding contract that explains what must be done to settle the conflict permanently. This is in lieu of going to court, and the process to develop the contract (including the time of mediators, supervising attorneys and document preparers) is less expensive than a similar process with attorneys in court. If the terms of the contract are breached, then it is likely that the offending party would be taken to court to enforce the contract. Having the previous agreement in writing makes it very difficult for the offending party to win their court case.

I signed a contract stating that any conflict goes to binding arbitration. Can I mediate those conflicts?

There's no reason you can't mediate before arbitration. Arbitration is like a casual court. An appointed arbitrator (a judge) listens to both sides and makes a decision that he decides is in the best interest of the two parties considering the arguments of the conflict. Many businesses like to go with arbitration because their situation is such that they win most of the time (they have good lawyers write ironbound contracts for them) and you aren't likely to win in arbitration. Companies that aren't quite so cutthroat may be willing to mediate to save them time and money, and it is in your best interest to offer mediation anytime you want more control over the proceedings.

Can I mediate my divorce?
Yes. Arizona permits mediators to guide couples through the divorce process, often backed by attorneys to cover any legal issues and document preparers to perform all of the filing for the divorce decree, financial documents, and other paperwork. Arizona mediation for divorce is great for any couple that just wants to get away from each other and move on and are prepared to be civil about their breakup.

The person who I am taking to court/is taking me to court is NOT civil. Can we mediate?
You should always try mediation first. It saves time, money and energy. It also allows you to get some or all of what you want (plaintiff), or work out a settlement for less, or more agreeable payments over time (defendant). The process may also help reduce conflict in the future.

On the other hand, some potential litigants want nothing more than to "have their day in court" and will stonewall any opportunity to meet for or discuss terms in mediation. This is an impasse, and unless you or your mediator are exceptionally talented, or full compensation is willing to be offered, there is nothing that will change their mind. Even so, having mediation in mind, and offering to meet with a mediator when conflict arises, offers more opportunities to come to an agreement without going to court.

Furthermore, in Arizona small claims courts, judges are likely to send many cases to mediation in order to clear the docket and get more done with more resources.

I WANT to go to court, but also want to give mediation a try. Do I have to pick one or the other?
No. Mediation does not inhibit your ability to go to court, unless an agreement is made that nullifies the intent to go to court over the issue. You can always mediate, and if you don't like all of the terms, declare an impasse, walk out, and wait for your court date.

If I go to mediation, wouldn't I have to state my case, and put all my cards on the table? What if I incriminate myself?
Mediations are considered confidential. Anything said in mediation that is potentially incriminating does not go beyond the walls of the mediation session. Furthermore, the mediator is bound by confidentiality and cannot be called in to court to testify (he or she basically hasn't seen or heard anything to testify about). Mediation is set up in such a way to give you every opportunity to speak your mind and look for a solution, without worrying about what your "opponent" can use against you in court, if you get that far.

So if I mediate to get an agreement am I going to have to settle?
Yes and no. Mediation gives you the chance to see what is important in your complaint and accept those things you want most. If the other party is willing to give you that, then the conflict is resolved. Like any negotiation, you have to fight for what you want, but be willing to provide a concession if you want to see the best results. This is true from the defendant's perspective, too. Maybe you feel you owe something, just not everything the plaintiff is demanding. If you are willing and able to offer some recompense, find out what that is, and if the plaintiff agrees, problem solved. Generally, yes, there is a middle ground in most negotiations that requires you to "settle", but if that is satisfactory and reflects your outgo in time, money and energy, then settling my be a sufficient result.

On the other hand, sometimes mediation is simply invoked to define terms that would otherwise be enforced in court. For example, let's say that a resident is behind in payments to an HOA. Late fees are piling up, and the HOA is demanding payment. The resident can't catch up on payments for a couple months (maybe they just got a new job) and a payment plan can be actualized that might forgo future (or even past) interest and late fees in order to get the bulk of the fees into the HOA's coffers in a reasonable amount of time. In this case, the resident has every intention of paying, just not right away, and as long as everything gets paid by a certain date the balanced can be zeroed out. The HOA doesn't have to settle for less, and the resident gets out of debt.

What does mediation cost?

Mediators charge anywhere from $100 to $300 per hour. Although this seems expensive, it is also for usually much less cost than litigating with an attorney. For an analysis of a more expensive dispute - Divorce Costs.

Getting a divorce in Arizona is not any more complicated than anywhere else, but it's good to know what you're up against when trying to get a divorce. There are things you need to know before you get started.

First and foremost, if you're going to get a divorce in Arizona, only you or your spouse must be a resident of the State of Arizona for at least 90 days. After that you can proceed.

Also, there is a 60 day cooling off period that starts from the time that the respondent is served the divorce papers. The divorce decree cannot be signed and made official until the 60 days have elapsed.

This gives both parties plenty of time to come to a decision with mediation and make arrangements, such as determining who gets what, who is responsible for the children (or pets) and all of the other little details that make up a divorce.

The best way to do this is to find a mediator who can walk you through the divorce process, guide negotiations for each factor of the divorce, and with the assistance of attorneys for strictly legal matters, and document preparers for documentation and filing, you can have all the details worked out well in advance of the end of the 60 day cooling off period.

This allows both parties to sign the divorce decree after 60 days, comfortable that all of the details have been settled so that everyone can move on with their lives once the divorce is finalized.

Agreement House is one such company qualified to handle Arizona Mediation and AZ Divorce cases and comes highly recommended to do all the things necessary to facilitate and process your divorce efficiently.

Maricopa County, of which the capitol city of Phoenix is a part, created an Arizona mediation program to try to close less complex cases and free up space on the court docket. The Maricopa County Justice Court Mediation Program was the result, providing 40 hours of training to volunteers to mediate cases and help relieve the courts. Over 9000 domestic relations and general justice court cases are mediated out of some 400,000 cases every year.

More information on the Maricopa County Justice Courts

The prompting by the Maricopa County Justice Courts has had an impact on the acceptance of Arizona mediation. Even when you file a complaint with the Justice Courts in Arizona, more and more cases are going to mediation first. This shows that Maricopa County sees mediation as a valid method for solving disputes, and wants to send more of the cases that cross their desk to mediation to attempt a solution before going before a judge.