Parties involved in a divorce sometimes believe the only alternative to resolving their disputes is to have a trial.
There are, however, alternatives to trial, which are less costly and produce good results.
Settlement Conferences
Maricopa County has an excellent program in which a commissioner or judge pro tem is appointed to oversee a formal settlement conference, and offer an opinion on the likelihood of success of each party’s position. The commissioner or judge pro tem’s opinion is not binding upon the parties, and the assigned judge is not involved in this process.
The settlement conference is often the last chance to try to broker a settlement short of a trial. If the parties can agree on some or all of the issues, the judge pro tem or commissioner has the authority to make the agreement an order of the court.
Mediation/Parenting Conference
Mediation is another form of alternative dispute resolution, or ADR, in which the parties and their attorneys meet with a mediator to discuss the outstanding issues in a case. Mediation is confidential and voluntary. In addition, there is no requirement that you reach an agreement. What is discussed is not divulged to the family court judge. Either party may also request that the court schedule a parenting conference with a court-appointed mediator to mediate child custody and parenting time issues.
The mediator attempts to help the parties reach agreements, which benefit the parties and their child(ren). The mediator will document any agreements reached between the parties, and forward the same to the judge for signature as an order if no objection is received. Attorneys are not permitted to attend mediation with clients, and the conference is confidential.
The attorneys at Liszewski and Associates, PLLC, are here to assist you with all of your family law matters, including divorce, custody, child support, pre- and post-nuptial agreements, adoption and juvenile matters. To schedule a consultation, please call (480) 357-2933.