Arizona Mediation & Litigation: Finding Arizona Resolutions That Last

Your Arizona Partners in Family Law Mediation & Litigation


Navigate Family Mediation and Litigation with Arizona’s Experts  

At Benjamin Legal, we know that disputes regarding family matters can be emotionally charged and difficult. We are committed to helping you and your family move forward with the best possible solution using mediation and/or litigation. 

Mediation is a process in which a neutral third party, the mediator, facilitates discussions between the parties in an effort to reach a mutually acceptable agreement. The mediator does not provide legal advice or make decisions, but helps the parties communicate with each other to identify their priorities and reach an agreement. Mediation is often less expensive and less time-consuming than litigation, and it allows the parties to maintain control over the outcome of their legal matter. 

Litigation involves resolving disputes through the court system. It often involves a longer and more expensive process that may be necessary if the parties are unable to reach an agreement through mediation. Even if the parties are unable to fully resolve their matter at mediation, typically mediation still allows for parties to be able to settle some of their differences, thereby narrowing their issues for trial and decreasing their overall legal costs.

Arizona Mediation and Litigation FAQs

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"What is family mediation and how does it work in Arizona?"

Family mediation in Arizona is a process in which a neutral third party, called a mediator, helps the parties in a family law case reach a mutually acceptable agreement. Mediation can be used to resolve all issues related to divorce, child custody, parenting time, and child support.

During the mediation process, the mediator facilitates discussions between the parties in an effort to identify their priorities and reach a resolution. It must be noted that a mediator cannot give either party legal advice, and will not let either party know if they are entering into a “good” or a “bad” deal, which is why it is imperative to have counsel with you at mediation, if possible. The mediator does not take sides or make decisions, but is invaluable at helping the parties communicate with each other and explore potential solutions. The mediator may offer suggestions or recommendations, but ultimately, the parties decide whether to accept a proposed agreement.

In Arizona, family mediation is governed by the Arizona Revised Statutes § 25-381 et seq. In many cases, Arizona courts require parties to attempt mediation before proceeding with a trial or hearing. The parties may choose their own mediator or request that the court assign one.

"What issues can be resolved through family mediation in Arizona?"

In Arizona, family mediation can be used to resolve a wide range of issues related to family law, including:

  • Divorce, Legal Separation, and Annulment
  • Child custody and parenting time
  • Child support
  • Modification of existing orders
  • Grandparent rights
  • Post-divorce issues
"How can I find a qualified family mediator in Arizona?"

When selecting a mediator, it’s imperative to look for experience, training, and certification in family mediation. It’s also recommended that you schedule a consultation with any potential mediators to ensure that you feel comfortable with them and their approach to mediation.

At Benjamin Legal, we have an extensive list of reputable and effective mediators that are successful in resolving even the most polarized of cases. Other resources can be found at:

  • Arizona Association for Conflict Resolution (AACR)
  • Arizona Conflict Resolution Directory
  • Arizona State Bar
"Is family mediation mandatory in Arizona divorce cases?"

In Arizona, family mediation is not mandatory in divorce cases, but it is strongly encouraged by the courts. Prioritizing mediation is part of the Arizona court system’s goal of providing alternative, more collaborative methods for resolving disputes related to family law.

"What are the benefits of choosing family mediation over litigation?"

Family mediation is often less expensive and faster than litigation. In addition, mediation is less public than a trial, allowing both parties to have more control over the outcome and more flexibility in creating compromises to reach a mutually beneficial agreement. It is far better to co-author your own orders than to have a stranger (the judge) who does not know you or your children write orders that you are forced to abide by in the future. 

Mediation also promotes cooperation between the parties, which can help reduce tensions and emotions. A more collaborative approach may also result in a better long-term relationship and co-parenting arrangement. 

In the event only part of your matter is only able to be resolved via mediation, the litigators at Benjamin Legal are committed advocates, making sure your voice is heard.