If Adriana didn’t previously serve as the attorney for either you or your spouse, and neither of you consulted with her, then yes, she can serve as a mediator for your divorce. However, mediation isn’t the right path for every divorce.
If you’re going through a divorce and you want to take a healthier, more peaceful path, or if you’ve tried mediation but you want to try a collaborative divorce, or if a contested divorce seems like your only option, schedule a consultation with Tempe divorce lawyer Adriana Blanchette by calling (602) 881-1748.
In the meantime, continue reading to learn more about mediation and if your divorce is a good candidate for mediation.
What is mediation?
Mediation is a voluntary negotiation process where a neutral person, a mediator, tries to help two people reach an agreement to resolve all or some aspects of their divorce. The following people are involved or can be involved in divorce mediation:
- The mediator
- Both spouses
- An attorney for each spouse, if they choose to have independent legal representation
- Financial planner
- Child custody specialist or therapist.
Anything that can be ordered by a judge in court can be part of an agreement reached in mediation, including:
- Property division
- Child custody and visitation
- Child support
- Spousal maintenance
- Payment of attorney’s fees
- Use of or access to property pending the completion of the proceedings.
The mediator and their role
In family law mediation, the mediator is often an experienced family law attorney who’s completed additional training such as in dispute resolution, or they could be a retired judge. Because the mediator is a neutral person, they cannot give legal advice to either party.
Unlike a judge or arbitrator, mediators can’t make decisions or issue binding orders, nor can they force the parties to reach an agreement. Their role is simply to present each party’s position to the other and to help guide them toward a peaceful, middle-ground resolution that they’ll both sign.
Mediation is confidential
Unlike the court process, mediation is entirely confidential, and nothing said or offered during or in contemplation of mediation can be used against you or be told to the judge. If mediation wasn’t confidential, no one would be inclined to make good faith or reasonable settlement offers, and they wouldn’t have any reason to compromise in order to reach a settlement.
Cases that are ripe for mediation
Although mediation can be used for all types of family law cases, even divorces involving child custody disputes, support, and significant assets, not all of them are good candidates for mediation. If you and your spouse communicate well, can generally work together toward resolution on most issues, and if you’ve already reached an agreement on some aspects of your divorce, you’re likely a good candidate for mediation.
Ready to move forward with your divorce? Call Blanchette Law PLLC
Going through a divorce, even one without children or substantial assets, can be complex and emotionally challenging, but you don’t have to go through it alone and with questions. Certified mediator and experienced Tempe divorce attorney Adriana Blanchette and her team provide the compassionate and knowledgeable representation you deserve.
Call Blanchette Law PLLC at (602) 881-1748 today to schedule your consultation to learn more about divorce in Arizona, mediation, or collaborative divorce to find out which type of representation is best for you.
