• Mediation and Alternative Dispute Resolution (often called “ADR”)
  
  What is it?
  Ø A way to stay out of court and avoid high cost legal battles;
  Ø A fast solution to the typical delays of the court systems;
  Ø An empowering way to resolve almost any kind of dispute.
  
  What is the difference between mediation and arbitration?
  Ø Arbitration is a more formal process. The arbitrator sits as a decision maker. She makes a ruling or a decision based on evidence and the law. Often the parties can agree to make the decision binding or simply advisory.  Mediation is often extremely informal. The mediator does not decide who “wins”. Instead, he helps the parties reach their own agreement. If no agreement is reached, the mediator simply concludes his services. 

What is an example of mediation or ADR?
Example one
Ø A couple decide they want a divorce. Instead of hiring lawyers and beginning what could be years of fighting in the courts, they seek out a trained mediator. The mediator assists them in coming to a resolution perhaps within days
or a few weeks. Months or even years of court, legal fees and emotional distress is avoided. Parents talk to each other instead of to and through lawyers, resolving their differences and finding a settlement that makes sense. They make their own decisions instead of relying on a judge’s brief, hurried overview of their particular family and orders and judgments that have long lasting impact and consequences. Children are spared the inevitable “cross
fire” of a couple literally at war.

o Isn’t this conciliation? What if I don’t want to reconcile the marriage?
 Mediation is not meant to be counseling or an attempt  to “mend the marriage”. Mediation is designed to find
solutions to the issues of dissolving a marriage. It can include issues such as visitation, child support, spousal maintenance
and property and debt division.

Example two
Ø A homeowner receives a letter from a homeowner’s association accusing her of violation of certain deed restrictions or covenants. The homeowner thinks she has been unfairly singled out. A mediator is called and after several
sessions, the association and the homeowner find common ground instead of mounting legal bills and neighbors fighting neighbors.

How much to can I really save in legal costs if I choose mediation instead?
Although it still may wise to consult with an attorney on important issues, consider that most lawyers’ fees start at 150 dollars per hour an up. Retainer fees often begin at 5000 dollars for a contested divorce and 2000 dollars and up for most civil cases. Think back to our first example. If the divorcing couple each hires a lawyer, fees could quickly exceed 10,000 dollars within a matter of months. Now, compare these legal bills to the fees competent mediators charge, often 150 dollars per hour to a thousand dollars for a full day of mediation. Even with three or four sessions, the cost of a solution can be less than half of the likely legal fees, usually even less than half. Most couples can resolve their disputes in two or three sessions within a few weeks time. Contrast this to months and months just waiting for one single court
hearing.

Who can be a mediator?
There are no laws in Arizona on who can be a mediator. Currently there is no requirement for any training or certification for a mediator in the private sector.

How do I find a competent mediator?

Look for mediators who have substantial training and experience. Specialized training is critical for mediators in divorce situations, especially when there are children involved. Lawyers and former judges will often offer mediation services with little or no formal mediation training. Many are extremely competent. However specific training in mediation can result in agreements and resolutions that are long lasting. Parties rarely feel that they were pressured into an agreement they later regret. They feel a part of the solution and often develop skills during the process to assist them in resolving future
disputes. Ask if the mediator has any specialized courses or specific training in mediation.

I still have some questions. Can I call you?

Please feel free to call me if you have any specific questions about the mediation process. I have over 92 hours specialized training in both family law and civil mediation. Since2002, I have mediated over 250 cases as a mediator for the Yavapai County Court ADRprogram and in private practice. I have served as an arbitrator in both Yavapai and
Maricopa County for over 25 years. While I recognize there are some disputes simply can’t be mediated, I firmly believe that mediation is the most cost effective and long lasting solution to most legal disputes. For my mediation fee schedule, please follow the “Fees” link