When dealing with child custody and parenting time issues in Arizona, you can opt for mediation. The approach is not only efficient, but also saves you the time and cost you would have incurred in litigation. This article explains the use of mediation in child custody and when you may need to use this approach.
Importance of Mediating Child Custody in AZ
As a well-known and appreciated means of alternative dispute resolution, mediation plays an important role in child custody. The Arizona Rules of Family Law Procedures provide mediation for every family law case involving child custody or parenting time.
In child custody cases, mediation involves the inclusion of a third party who is known as the mediator. This party helps the parents communicate, negotiate, and resolve disputes about custody and visitation arrangements without litigation. This approach not only allows you to easily and quickly reach an agreement, but it is also cost-effective. In most family law cases that use the services of a professional mediator, it is less costly to resolve custody disputes than to litigate those issues. With the aim of helping the parties toward agreement, all disputed issues have the potential for being fully resolved.
Is Mediation Required for Child Custody
Although not a necessity, most parents report a good experience in reaching agreements through mediation. The mediation facilitates the conversation and ensures that both parents get a fair chance to express their concerns. It also becomes easier for them to explore potential solutions that focus on the best interests of the child.
Child custody mediators are well-trained and neutral professionals who guide families through structured negotiations in a confidential setting. The approach adopted is child-focused and non-adversarial, aimed at fostering cooperation and helping parents arrive at a legally binding parenting plan. This makes mediation particularly useful in high-conflict cases by allowing for a customized, child-centric resolution.
When is Mediation Necessary in Child Custody
Mediation can prove to be particularly useful in cases where custody or parenting time issues are more likely to be contentious in your divorce. It becomes a suitable alternative for narrowing issues before trial. Since it is less costly and time-consuming than going to court, working with a mediator in Arizona offers a more collaborative approach to resolving child custody issues. With a good divorce and custody attorney, you get to know what to ask for in child custody negotiations and advice on what the courts may find acceptable.
How Arizona Custody Mediation Happens
The process of mediation in Arizona requires that the parents meet with the mediator to discuss issues regarding custody and parenting time. Usually, the mediator conferences with both or either party before the mediation to ensure that it is appropriate for the couple. To get started, the parties may request private mediation or through the court’s conciliation services program.
To ensure your child custody mediation in Arizona is smooth and successful, you need to ask for the following:
- Confidentiality of all the matters discussed during the mediation.
- Help with narrowing the arising issues to facilitate compromise and settlement.
- Help with avoiding the stress, expense, and unpredictable nature of a contested trial.
- Help to maintain control of the terms and provisions of a parenting agreement.
- Help with achieving an accurate sense of the relative strength of your legal position.
- Support from a certified, impartial mediator.
- Opportunities to improve parental communication.
The mediation process aims at reaching an agreement between the two parties in an amicable manner. As such, there is no reporting on what went on during the session. Every aspect of the process is kept confidential, with the parties trusting that everything discussed during the sessions will not be divulged to anyone. In this regard, the parties’ attorneys are also not permitted to attend court-sponsored mediation.
Once the issues have been settled, the mediator writes them into an agreement that is signed by the parties. Then the attorneys of the parties review the agreement and can file a timely objection with the court if needed.
Get Legal Guidance on Child Custody Mediation
While child custody mediation in Arizona is simplified and allows parties to easily get into an agreement, an attorney plays an important role in the process. To learn more about the process and get proper legal advice, get in touch with our child custody lawyers at Schill Law Group.
