Arizona Divorce Mediation - Ronald Saper PC
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Arizona Divorce Mediation

A New Approach to Mediation

Phoenix divorce law firms have traditionally approached marriage dissolution in an “us versus them” context, where legal counsel for both sides would battle each term of the settlement as if it were a win or lose proposition. Ronald Saper, by comparison, works within a constructive framework for dealing with one of life’s most distressing situations can easily heighten the emotions—anger, disappointment, rejection, resentment, retaliation—such that the process and the end result itself minimize emotional damage to both parties. Emotional and financial costs are usually lower when the divorce is decided on more amicable terms.



Ronald Saper’s Mediation Services

In Phoenix, divorce mediation handled by Ronald Saper offers an alternative approach that seeks workable arrangements in a non-adversarial context. This method takes into account the needs of both spouses and their children, providing support and a sense of empowerment that can diffuse emotions and set in motion the wheels toward an amicable resolution.

Successful divorce mediation in Phoenix and elsewhere in Arizona departs from the competitive, destructive cycle that typically characterizes marriage dissolution. Instead of a win-lose construct, the process is defined by a cooperative working relationship that is beneficial to children (if any).

In such a Phoenix divorce, mediator-led discussions are based on several prerequisites:

• Each party is civilized in its behavior and intent with regard to the other
• Both parties behave and speak about equitable solutions, not about being victorious in divisions of property and debt
• Both parties are interested in mutual survival with available resources—in part because gross inequities would be overruled by the court
• Both parties should acknowledge a modicum of concern for each other’s well being, particularly if there are children involved

Phoenix Divorce Mediator

A divorce mediator in Phoenix may be, but is not required to be, an attorney. Under no circumstances, however, can the mediator also serve as attorney to one or both parties (the Bar Association Canons of Ethics dictates that one attorney cannot represent both sides in a divorce or other conflict).

The mediator should be able to produce, at the outcome of mediation phase, a Memorandum of Understanding. This translates discussions and agreements of the mediation process into written form. The divorcing couple can then use this to file their own legal papers or assign the representing attorney of one party to draft it into a legally binding agreement. Alternatively, the mediator can draft the Memorandum of Understanding into a legal agreement if the mediator is also an attorney, but both parties are advised to have their copies of the document reviewed by their own attorneys.



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Divorce Mediation Phoenix Arizona


A divorce can be very costly, especially if both parties aren’t in agreement over some of the material possessions and the custody issues relating to the children. To help reduce court fees, and keep from tieing up the courts with argumentative conversations regarding who gets what, many courts are turning to divorce mediation as a means to reduce the time and money that is spent on a divorce.


A mediator’s job is to be a non-interested third party and hear both sides of the story. They then help both parties to come to a compromise.


It’s not always easy, in fact, both parties are going to have to give some in an effort to get what they want. There are a variety of ways that a mediator will work with the couple to help facilitate this.


Mediation is perhaps the most often used method to negotiate a divorce settlement and come to an agreement out of court. In a mediation, the mediator won’t be the one to make the final decision, the two parties in the divorce will. The mediator is just there to facilitate the conversation and ensure that both parties are being heard.


Mediation can work for nearly all couples except in extreme circumstances such as domestic violence. It’s a much less costly way to go through a divorce and will be done mostly out of the courtroom.


The goal of mediation is to come to a settlement (agreement) between the two parties regarding all custody and visitation rights, who gets what (the house, the cars, the belongings etc.).


A mediator keeps all of the information confidential and at no point in time is there any public record kept of what is discussed during the mediation sessions. It allows the couple to remain in control of the situation and removes it from the courts.


During a mediation, it’s still permissible to have an attorney of law dispense legal advice to either party. The mediation’s goal is to encourage the couple to communicate and come to a resolution thus speeding up the process, saving both parties money and time.


Another reason to consider mediation is that if there is anything that means a lot to one party or the other, they can attempt to negotiate to get that item from the other party. They’re not leaving who gets that item up to the courts.


A mediator will attempt to keep the couple from arguing over trivial things and help to keep them focused on the actual details such as custody, alimony, and child support. They will also encourage the couple to determine who gets the house and each car.


For a mediation session to be successful, both parties must be present and willing to sit down as adults and talk with the mediator and one another and negotiate what each person gets. Once this is accomplished, the divorce can then be written up and both parties can sign.


During the first mediation session, the mediator will explain how it works, answer any questions that either couple has and explain all the fine details. They’ll also remind you that the mediation process is all confidential and that no one is allowed to disclose any of it to another party.


The mediator will attempt to gain the confidence of both parties and may meet with each party individually during parts of the process to fully discuss how each person is feeling about the process.


There are a few things that the couple will need to know. They will need to know the value of their house, the value of the cars and of any other assets they may own together. This may include real estate and other personal property.


Every attempt to make an equitable settlement for both parties will be made. The mediator will focus on equality and why each person should be treated fairly. They may start with the easy things and work their way up to the more difficult things. This helps to establish a bond between all of them and to get the divorce on the move.


A divorce quickly becomes just like any other business deal. It’s important for the couple to realize this and not take offense to the situation. However, arguing over who gets the expensive wedding gifts to who gets the race car should all be backed up with good strong reasons.


A mediator helps the couple to see the give and take of the entire process. The person that has put the most into it, the person that has spent the most time using it or the person who brought it into the relationship is often awarded the item in question.


A successful mediator will help each party to be open to compromise and to listen and try to understand the other person point of view. Just because you understand something doesn’t mean you have to agree to it.


Occasionally, nearly everything is agreed upon but one or two items. The judge will then decide these one or two items. It may take a few weeks to a few months to work through a mediator depending on how complicated the situation is.


After everyone signs the agreements and the paperwork, the divorce papers and the divorce mediation documents (frequently one in the same) are then taken before the judge to be finalized. The attorney will incorporate all of this into the divorce paperwork and after the judge signs it all the divorce will be complete.