In Arizona, What Is The Difference Between Divorce Mediation And Divorce Collaboration?

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The attorneys at GillespieShields practice family, employment, civil, criminal, probate, appellate, and immigration law.

Arizona is a no-fault divorce state, which means that one spouse does not need to be at fault in order for the other spouse to get divorced. There are two primary methods of getting a divorce: mediation and collaborative law. In Arizona, there is no difference between these two methods because they both involve working with an attorney to negotiate an agreement outside of court. For many couples who prefer not to go through contentious litigation, this can be a more cost-effective option than going through the courts and hiring attorneys. However, it’s important to note that while collaborative law may offer less conflict and higher rates of success than traditional litigation approaches such as mediation or negotiation, it’s still possible for things like financial disagreements or custody disputes to arise even when the spouses are working with an attorney.

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Meaning of Collaborative Divorce in Arizona

Collaborative divorce is a legal process that allows couples to end their marriage in an amicable manner with the help of collaborative lawyers. This agreement was first introduced back when it became clear how expensive litigation can be, and as such many people were looking for alternatives – something like this!

Let’s say you and your partner have already been through a few custody battles with the other parent, but now that they are in agreement about how to divide up responsibilities for child-rearing duties – well this could be it! A Collaborative Commitment Agreement (CCA) will create an enforceable contract between both partners binding them together as one family unit. This means no more going back into court or dropping off at opposite houses ever again if either party decides on divorce sometime down the future line; there won’t even need lawyers since TCAs sorts everything out beforehand so all legal business is done away from prying eyes before any agreements can take place effectively preventing any uncomfortable surprises later when least desired.


How this Process Works

  • Parties can be represented by a lawyer who is trained to work with collaborative law in order for the proceedings of your case. You will need individual consultations about what you want and goals so that each side has an understanding of how they should go forward together as well as on a behalf-only basis if necessary given their own comfort level or lack thereof regarding this type of professional relationship going forth.
  • The parties and their lawyers all sign the Collaborative Commitment Agreement at the first session. There are no courtroom interruptions, as everything takes place in a private office setting with an experienced lawyer who has been well trained for these cases by other attorneys using this method of representation over many years!
  • You and your spouse’s respective attorneys will be scheduling group meetings to discuss the issues that have come up. If needed, third-party experts may also attend these sessions in order to help resolve any of those disagreements. These include someone who specializes as a “communication specialist” if you’re having trouble talking together; an expert on finances or children respectively (depending on what type of conflict has arisen).
  • The group sessions continue. Usually, most cases wrap up by the 3rd or 4thsession. Couples rarely find themselves collaborating into a 5th session and if they do then it’s typically because there is some sort of extraordinary circumstance at play that requires more time from both parties (e.g., an outbreak). Once collaboration has been completed, your attorneys will file all necessary legal papers with the Court–and you can finally divorce! You won’t have ever seen inside any courtroom; nor should anyone else for that matter- since these details remain 100% confidential between client/attorney only.

What is Divorce Mediation?

A divorce mediator is a neutral third party that attempts to facilitate legal negotiations between spouses who are ending their marriage and getting divorced. A skilled, experienced, and reputable Arizona-based company can help if you’re both unable to come together as well. The affordable divorce mediation process will guide you through the whole way from the beginning until the conclusion with our knowledgeable professionals guiding us every step of this difficult journey into new territory for all parties involved in an amicable split or dissolution proceeding under state law (Arizona).


Handle divorce away from the court.

The process is simple and stress-free with an attorney’s help. They will be there for you every step of your way! Mediation may be a better alternative if you and/or your spouse are unable to reach an agreement during mediation sessions, skip it altogether just send us in regards along with any questions that might pop up regarding property division or support obligations etcetera.

Mediation may be more efficient and cost-effective than collaboration. Coordinating the calendars of four or more people, at least two of whom are busy professionals, can be time-consuming; this will add to your process’ overall costs. If other attorneys get involved then it’s likely that mediation pricing would also increase because they need their input too!

If you can’t reach a settlement through mediation, it’s possible that the process will have to start over and your money spent on mediating could “go away” in some cases. Your consulting lawyer might not be a litigator so make sure they know what kind of case we’re talking about if this is an option!

AZ Divorce Guide

Are You Looking for a Family Law Attorney You Can Trust?

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer and and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!



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