Mediation is a preferred method for many families to resolve their family law cases outside of court. It is less costly, less stressful, and often faster. It also gives you more control than you have in court. However, knowing how to prepare for your mediation in Mesa, AZ, is important, as the outcome can greatly impact your life. You need to consider your goals for mediation, prepare the right documents, and be mentally ready to negotiate.
Understanding Mediation
Mediation is the process of negotiating important family law cases prior to litigation. It is most often used for divorce and aspects of divorce like property division and spousal maintenance. It is also used when parents of minor children separate to determine child custody, child support, and parenting plans.
In 2023, the divorce rate in Arizona was 2.0 per 1,000 residents of the state, compared to 2.4 per 1,000 nationwide. In Maricopa County, there were over 14,800 filings for a dissolution of marriage and over 2,100 filings for custody and parenting time in the Arizona Superior Courts in fiscal year 2025.
Family law cases in Mesa are usually handled through the Maricopa County Superior Court Family Department at the Southeast Justice Center location in Mesa, Arizona. After mediation, final agreements are filed with the court for approval. The court is likely to approve agreements as long as they are not unreasonably unfair to either party or are not in a child’s best interests.
Understanding the process of mediation is one important step to preparing for it. It helps you set your expectations for what mediation can and cannot do, and can begin to shape how you approach the process. There are several important ways to prepare for medication, including:
- Strategy Preparation: It’s important to have a plan when entering mediation. You need to know your goals, the ideal outcome of negotiations, the areas where you are willing to compromise, and where you cannot compromise. Clearly outlining these wishes and intentions can help right from the beginning of mediation. If you and your spouse or co-parent have similar goals and wishes, this makes them easier to outline. It also makes it easier to address the discrepancies. Additionally, even when you and the other party have very different wishes for the outcome, you may have similar goals, like the best interests of your children. This can make negotiations go more smoothly. Part of preparing your strategy is understanding that you will have to compromise on some aspects of your ideal outcome. Be realistic, but know what you are hoping to achieve in the process.
- Information Preparation: An important part of mediation is the exchange of important information. This information is needed to assess fair property division, determine what types of financial support are needed, and plan the ideal custody arrangement for your children. To prepare for mediation, you want to gather documentation and information such as:
- Proof of income
- An Affidavit of Financial Information
- Asset valuations
- Home and other property deeds
- Vehicle titles
- Bank statements
- Credit card statements
- Investment information
- Expenses
- Other financial documents
- Children’s school records
- Children’s healthcare information
Gathering and organizing this information helps the mediation process go more smoothly. You can also use the information for important calculations like child support, as this follows a set formula. The information helps identify important assets that you and your spouse may be dividing, and helps you plan schedules for a parenting plan. If the mediator requests certain information, it helps to have it on hand.
- Emotional Preparation: An important element of preparation is ensuring you are as emotionally and mentally prepared as you can be. The process of mediation can be difficult, but it helps to remember to keep an open mind, be willing to negotiate, and be sure that you effectively communicate.An important part of mediation is communicating your goals, and it’s equally important that you listen to your spouse or co-parent’s goals and needs. Mediation may not fix every issue in the case, but entering the process willing to communicate helps immensely.
FAQs
What Do You Need to Prepare for Mediation?
In order to prepare for mediation, you want to gather relevant information and documents, while also preparing mentally and emotionally. The documents may include income information, bank statements, and other financial information needed for the division of property or support determinations.
If you have children, you may need information like their medical needs, their schedules, and other specifics. You also want to prepare by having a plan for potential resolutions in mediation and potential compromises.
What Are the Important Rules of Mediation?
There are a lot of important rules of mediation, although primarily parties should focus on cooperation, compromise, and reaching a beneficial solution. In mediation where children are involved, parties should always consider the best interests of their children.
Whether mediation is for a divorce or separation, you and the other party should be focused on working together on resolving property division, custody, maintenance, and support. If you go into the process prepared to argue, mediation will not be successful.
What Should You Not Say in a Family Law Mediation Meeting?
In a family law mediation meeting, you should generally avoid saying things based on anger or resentment. There are a lot of negative emotions in the divorce or separation process, but it’s better to limit emotional reactions in mediation. You should not blame the other party or try to win against them in the process.
Do You Need to Hire a Mediation Lawyer in Mesa?
It’s incredibly useful to hire a mediation lawyer in Mesa if you are getting a divorce or a separation with minor children. Mediation is collaborative, but there are still disagreements. An attorney helps you navigate these disagreements and find resolutions.
Also, even when you and the other party are amicable, mistakes can still occur that make the custody agreement or divorce decree unfair. Your attorney can help avoid this, protect your rights, and assess the legality of a resolution.
Work With a Skilled Mediation Lawyer in Mesa
The attorneys at Ellsworth Family Law, P.C. have helped families navigate divorce and custody cases for over 20 years. Reach out to our team today to get in contact with our lawyers and Certified Family Law Specialists.
