OUR PROCESS

Mediation is a voluntary negotiation process. The goal is to bring parties together to resolve issues with the guidance of a neutral third-party or mediator.

Mediation participants may meet with their mediator in joint session in a conference room or suite. Alternatively, the parties may meet separately with the mediator in a caucus format.

By mutually agreeing to participate in the mediation process, many couples find that they are able to move through their divorce or legal separation more quickly with the end result being satisfactory to all parties.

For parties participating in mediation there is no requirement to appear in Court at anytime during the process.

FIRST SESSION

At the first mediation session the couple and the mediator will review the assets and debts and discuss income and expenses. The mediator will also explain the legal procedure including timing, cost and the legal documents to be prepared and filed with the Court. Generally it is at this time that the mediator will prepare and file the necessary legal documents to start the divorce or legal separation process.

In cases involving minor children, the mediator will discuss the Parenting Plan and the various options available to the divorcing parents. The children’s expenses and child support will also be discussed.

CONFIDENTIALITY

All discussions in mediation are confidential. One benefit of confidentiality is that the parties can negotiate in a safe environment, freely exchanging options for possible resolution.

AGREEMENTS

During the course of negotiations and with the assistance of the mediator the parties will reach agreements on the following:

  • Value of assets
  • Division of property
  • Allocation of debt
  • Tax Preparation
  • Spousal Maintenance
  • Child Support and Children’s Expenses
  • Parenting Time Plan

LEGAL DOCUMENTS

As agreements are reached your mediator will begin preparing the legal documents necessary to finalize the divorce, including:

  • Property Settlement Agreement
  • Consent Decree of Dissolution/Legal Separation
  • Parenting Time Plan
  • Child Support Documents

PROCESS PARTNERS

The mediation process may involve the participation of the following professionals:

  • Attorneys for the parties
  • Certified Public Accountants
  • Financial Planners
  • Pension Experts
  • Valuation Experts
  • Real Estate Appraisers
  • Psychologists
  • Counselors

Arizona Mediation Institute is fortunate to have a variety of highly skilled and qualified professionals to be of assistance to you upon your request.

GETTING STARTED

At your first mediation session you will be asked to complete a Client Intake Sheet and to review and sign a Mediation Agreement. If you would like to complete those forms in advance of your mediation session, they have been attached for your convenience. You may download the documents, review and complete them as required and return them to our office in advance of your scheduled session either by mail, fax or e-mail.

In order to make your first mediation session productive, the following is a list of documents you can collect, photocopy and bring with you to the first meeting.

  1. Bank Account Information (names of banking institutions, type of accounts, account numbers and account values)
  2. Retirement Account Information (401(k), IRA, Roth IRA, Pension plans (name of institution, type of retirement account, account numbers and account values)
  3. Stock and Stock Option Information (vested and unvested);
  4. Real Property (address, value (if available) and mortgages or liens)
  5. Real Estate Appraisals (if any)
  6. Business or Professional Practice Valuations (if any)
  7. Vehicle Information (Year, make, model, mileage, loans)
  8. List of debts/liabilities (mortgages, lines of credit, personal loans, credit card debt)
  9. Life Insurance Information (Provider, policy number, term or whole life, whole life values, death benefit and beneficiary
  10. Most recent tax return (mediator may request additional tax returns)
  11. Current pay stubs for both parties
  12. Children’s social security numbers
  13. Cost of monthly medical insurance premium for just the minor child/children

The absence of any of these documents or this information will not prevent you from participating in the first mediation session.

If you have any questions regarding the first session or the documentation listed above, we encourage you to call us and we would be happy to speak with you.