Click on the Triangle Icon to Expand Menu.

⭐ 5 Star Rated Best Family Law, Criminal Defense, Personal Injury, and DUI Lawyers in Phoenix

CHM Law Arizona Family Law, Criminal Defense, DUI, and Personal Injury Lawyers

(602) 825-2500
Available 24/7
(se habla español)

Arizona Family Law and Divorce Mediation

– FOR IMMEDIATE HELP CALL (602) 825-2500

Arizona Family Law and Divorce Mediation

Going through a divorce in Arizona can be a challenging and emotional experience for all parties involved. However, using mediation to resolve family law matters can make the process smoother and more amicable.

 Mediation allows couples to work with a trained divorce mediator to reach agreements on various issues, including child custody, visitation rights, and property division.

With the help of a skilled mediator, couples can have more control over the outcome of their divorce and ensure that both parties’ interests are taken into consideration. By working collaboratively through mediation, families can avoid unnecessary conflict and reach a resolution that is beneficial for everyone involved.

Interested in Mediation?
Get Immediate Help from Our Arizona Family Law Attorneys.
We are Available to Talk Now.

Or, Continue Reading Below About:
Divorce and Family Law Mediation

What is Mediation? 

Mediation is a voluntary and confidential process in which a neutral third party, known as a mediator, helps disputing parties reach a mutually acceptable agreement. Unlike a judge, the mediator does not impose decisions but facilitates communication and negotiation.

 Mediation is commonly used in family law cases, such as divorce, child custody, and child support disputes.

It provides a less adversarial and more cost-effective alternative to litigation, allowing parties to maintain control over the outcome. By fostering cooperation and understanding, mediation aims to achieve resolutions that best meet the needs of all involved.

In Arizona, statutes such as A.R.S. § 25-381.09 encourage the use of mediation to resolve family law matters amicably.

Mediation Vs. Litigation In a Divorce 

When facing divorce, couples have two primary options for resolving their disputes: mediation and litigation. Each approach has distinct processes, advantages, and potential drawbacks. Understanding the differences can help you choose the best path for your situation.



  • Cost-Effective: Mediation is generally less expensive than litigation, as it avoids lengthy court procedures and high attorney fees.
  • Time-Saving: Mediation can be scheduled at the convenience of the parties and typically resolves faster than court cases, which can drag on for months or even years.
  • Control and Flexibility: In mediation, the parties retain control over the outcome and can craft customized solutions tailored to their unique needs and circumstances.
  • Confidentiality: Mediation sessions are private, and the details remain confidential, which helps protect the parties’ privacy and can preserve relationships, especially when children are involved.
  • Cooperation and Communication: Mediation fosters a cooperative environment, promoting better communication and understanding between the parties, which can be beneficial for co-parenting arrangements.



  • Structured Legal Process: Litigation follows a formal legal process with strict procedural rules and deadlines, which can provide a sense of order and predictability.
  • Judicial Authority: A judge makes the final decisions in litigation, which can be beneficial if the parties are unable to reach an agreement on their own or if there is a significant power imbalance.
  • Public Record: Court proceedings and decisions are part of the public record, which means that the details of the divorce can be accessed by anyone.
  • Potentially Adversarial: Litigation is often more adversarial and contentious, which can increase stress and conflict between the parties, potentially impacting their future interactions and co-parenting relationships.
  • Higher Costs and Longer Timeframes: Due to the complexity and length of court procedures, litigation can be significantly more expensive and time-consuming than mediation.


Choosing the Right Approach

When deciding between mediation and litigation, consider factors such as the level of conflict, the complexity of the issues, the desire for privacy, and the need for a legally binding resolution. Mediation is typically suitable for couples who are willing to communicate and negotiate in good faith, while litigation may be necessary for those with high-conflict situations or when one party is uncooperative.

How Much Does Divorce Mediation Cost in Arizona?

Divorce mediation in Arizona typically costs between $2,000 and $6,000, with mediators charging $100 to $300 per hour. This cost includes multiple sessions, each lasting 1 to 2 hours.

In contrast, litigation is significantly more expensive, with attorney fees ranging from $250 to $500 per hour, and total costs often exceeding $15,000 due to extensive legal procedures and court-related expenses.

Mediation is not only more cost-effective but also faster and less emotionally draining, offering a private and cooperative process. It allows parties to maintain control over the outcome, unlike litigation, which is adversarial and results in a public record.

The Role of a Mediation Lawyer in Resolving Divorce Issues

A mediation lawyer plays an important role in guiding clients through the mediation process during divorce proceedings. Their expertise and support can significantly impact the outcome and ensure that the agreement reached is fair and legally sound. Here’s how a mediation lawyer can assist:


Legal Guidance and Advice

Mediation lawyers provide essential legal advice throughout the mediation process. They help clients understand their rights and obligations, ensuring that they make informed decisions. 


Preparing for Mediation

A mediation lawyer helps clients prepare for mediation sessions by:

  • Gathering Necessary Documents: Collecting financial statements, property records, and other relevant documents.
  • Identifying Key Issues: Clarifying the issues that need to be addressed, such as asset division, child custody, and support.
  • Formulating Goals: Helping clients set realistic goals and prioritize their needs.


Representation During Mediation

While the mediator facilitates the process, a mediation lawyer:

  • Advises Clients: Provides advice on legal matters during mediation sessions.
  • Ensures Fairness: Ensures that the client’s rights are protected and that the settlement is equitable.
  • Drafts Agreements: Assists in drafting the final mediation agreement to ensure it is clear, comprehensive, and legally binding.


Post-Mediation Support

After reaching an agreement, a mediation lawyer:

  • Reviews the Agreement: Thoroughly reviews the final agreement to ensure all terms are accurately reflected and legally enforceable.
  • Court Approval: Assists in submitting the agreement to the court for approval, making it an official court order.
  • Implementation: Provides guidance on implementing the terms of the agreement and addresses any issues that may arise.


Benefits of Having a Mediation Lawyer

Having a mediation lawyer can:

  • Enhance Negotiation: Lawyers bring expertise in negotiation strategies, helping clients achieve favorable outcomes.
  • Ensure Compliance: A legally sound agreement reduces the risk of future disputes and ensures compliance with state laws.
  • Reduce Stress: Professional support can alleviate the stress and anxiety associated with the mediation process, providing clients with confidence and peace of mind.

Mediation lawyers play an important role in resolving divorce issues by offering legal expertise, preparing clients for mediation, ensuring fairness during negotiations, and providing post-mediation support. Their involvement helps achieve a fair and lasting resolution, making the mediation process more effective and efficient.

Can Mediation Be Used to Resolve Other Family Law Issues? 

Yes, mediation is a versatile process that can address various family law issues beyond divorce settlements. It provides a collaborative and non-adversarial approach to resolving disputes, ensuring that all parties’ needs and interests are considered. Here are two key areas where mediation can be particularly effective:


Child Support Mediation

Child support mediation focuses on determining the financial support necessary for a child’s upbringing. During mediation, both parents work together to reach an agreement that ensures the child’s needs are met. The mediator helps the parents consider various factors, such as:

  • Income and Financial Resources: Each parent’s income and financial situation are reviewed to establish a fair support amount.
  • Child’s Needs: The child’s educational, medical, and extracurricular needs are considered in determining support.
  • Shared Expenses: Parents discuss and agree on how to share additional expenses like healthcare, education, and childcare costs.

Mediation allows parents to create a customized child support plan that suits their unique circumstances, reducing the likelihood of future conflicts and modifications. Additionally, it fosters a cooperative spirit, which can be beneficial for ongoing co-parenting.


Child Custody Mediation

Child custody mediation helps parents develop a parenting plan that prioritizes the best interests of the child. The mediator facilitates discussions on various aspects of custody and parenting time, including:

  • Custody Arrangements: Parents decide on physical and legal custody, determining where the child will live and how major decisions will be made.
  • Visitation Schedules: A detailed visitation schedule is created, outlining regular parenting time, holidays, and special occasions.
  • Decision-Making Responsibilities: Parents agree on how to handle decisions regarding the child’s education, healthcare, and extracurricular activities.

The goal of child custody mediation is to create a parenting plan that provides stability and continuity for the child while accommodating the needs and schedules of both parents. Mediation encourages open communication and cooperation, which can lead to more amicable and effective co-parenting relationships.

What Does the Mediation Process Look Like?

The mediation process is structured to facilitate constructive dialogue and negotiation between disputing parties, aiming for a mutually agreeable resolution. Here’s a overview of the typical steps involved:


Initial Contact and Agreement to Mediate

  • Agreement to Participate: Both parties voluntarily agree to mediation.
  • Selection of Mediator: A neutral mediator is chosen, experienced in family law disputes.
  • Mediation Agreement: Parties sign an agreement outlining the process, confidentiality, and ground rules.


Pre-Mediation Preparation

  • Information Gathering: The mediator conducts pre-mediation meetings to understand perspectives and gather background information.
  • Document Exchange: Relevant documents and information are exchanged to ensure transparency.


Mediation Sessions

  1. Opening Session:


    • The mediator explains the process and sets ground rules.
    • Each party presents their view of the issues.
  2. Issue Identification and Discussion:
    • Key issues needing resolution are identified.
    • Constructive dialogue is facilitated by the mediator.
  3. Negotiation and Problem-Solving:
    • Brainstorming and exploring potential solutions are encouraged.
    • Parties negotiate terms and work towards mutually acceptable agreements.


Reaching an Agreement

  • Drafting the Agreement: The mediator assists in drafting a written document outlining the terms.
  • Review and Revision: Parties review the draft agreement and make necessary revisions.


Finalizing the Agreement

  • Legal Review: Parties may have their attorneys review the agreement to ensure fairness and legal soundness.
  • Court Approval: The final agreement is submitted to the court for approval and becomes a legally binding court order.



Confidentiality is maintained throughout, ensuring discussions and disclosures cannot be used in court if mediation does not result in an agreement.

Contact the Mediation Attorneys at CHM 

The mediation attorneys at Colburn Hintze Maletta (CHM) are here to assist you with divorce mediation in Arizona. Our team specializes in family law and provides tailored mediation services to help resolve issues like child custody, support, and asset division efficiently and amicably.

With extensive experience in Arizona divorce law, our attorneys offer clear guidance, helping you understand your rights and options. We prepare you for mediation sessions, support you through discussions and negotiations, and ensure that the final agreement is comprehensive and legally binding. Mediation is a cost-effective alternative to litigation, saving you time and money while reducing stress. 

If you are considering divorce and want to explore mediation, contact us at (602) 825-2500 today. Schedule a FREE initial consultation to discuss your case and learn how our mediation services can benefit you.

Always Available 24/7 for Legal Help
Schedule an Appointment Today!

Call Us Now to Speak with an Attorney (602) 825-2500

What People Say

Client Testimonials

Call Now Button