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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