This is about mediation of divorce issues in Arizona, including when and whether mediation is mandatory, who pays for it, and the required credentials for mediators for divorce issues in Arizona.
- Is mediation mandatory? When?
- Who pays for mediation?
- What are the requirements for who can act as mediator?
Is mediation mandatory? When?
In Arizona mediation is not mandatory. However, more and more judges are ordering the parties, with their lawyers to conduct a formal settlement conference called Alternate Dispute Resolution or ADR. ADR is a free service at the courthouse. Judges and lawyers volunteer their time to conduct the ADR conferences. Many highly contested cases are able to be resolved through the ADR process and that is why the judges are ordering ADR more and more, and why good lawyers are advising their clients to take advantage of the ADR process.
Of course parties can agree to go to private mediators in an effort to settle their case. Each party is still allowed to be represented by their own attorney.
Who pays for mediation?
Usually the parties share the cost of the private mediator. However the parties can reach any agreement they wish.
What are the requirements for who can act as mediator?
In Arizona there are no current licensing requirements for a mediator. For that reason, before selecting a mediator it is important to look at that person’s background and training. The only national association to approve mediation training is known as the Association for Conflict Resolution. There are many non-lawyer mediators and people should be careful whom they select as a mediator. It is a good idea to consult with an experience divorce lawyer before choosing a mediator.
Other issues in Arizona: