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Mediation And Settlement
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Arizona Uncontested Divorce
An uncontested divorce is possible if both spouses agree on the key terms of the divorce. An uncontested divorce in Arizona can save both parties money and time by avoiding the litigation process and trial. Either by themselves or with assistance of legal counsel, spouses must agree on all major terms such as child custody, parenting time, spousal maintenance, and property division and include those agreements in a Consent Decree or Consent Order. If the parties fail to reach an agreement on any issue, the divorce is no longer uncontested, and the parties must proceed by trial on the contested issues.
Settlement During a Case
After a divorce or custody case has started, the parties can always choose to resolve the issues amicably and without having to go all the way to trial. This is typically done through negotiations between the parties or through the assistance of family law lawyers. Once an agreement is reached, it can be placed in writing and signed by the parties. A written agreement between the parties is considered a Rule 69 Agreement and is legally binding.
Mediation in Arizona
Mediation may be an excellent alternative to litigation by helping the parties resolve a portion or all of the issues in a family law case. In mediation, both parties, and their lawyers if represented, will meet with a neutral third party who is called a mediator. The mediator will try to help the parties work through the issues and reach agreements as amicably and cost effective as possible.
Mediation can occur through retaining an agreed-upon private mediator, usually a retired judge or experienced family law attorney. Mediation services are also offered through the Maricopa Conciliation Services, but the mediation offered through the court system is limited to non-financial issues such as custody and parenting time issues, and they do not include attorneys. Many times, prior to filing a petition to modify custody or parenting time issues, the court will require that you attend mediation.
During the pendency of a case, the parties may be referred to a Settlement Conference prior to trial, in an attempt to settle the remaining disputed issues. A commissioner or judge pro is commonly appointed to preside over the conference. In addition to trying to get the two side to reach agreements, commissioners and temporary judges will frequently offer their legal opinion on the likelihood of success of each party’s position in an effort to help the parties realize what they could except at trial.
Get Help Settling Your Case
An experienced family law attorney in Arizona can negotiate on your behalf and help settle your case on terms that are favorable and fair. Family law lawyer, Austin White, has settled numerous cases with favorable results for his clients. For a free consultation and to discuss mediation or settling your case, call the Law Office of Austin White at (480) 788-0633 or fill out our online form here.