Benefits of ADR under Arizona Family Law
When you are going through a divorce, family law in Arizona stipulates that the spouses have to divide their common property and agree on custody over their children. In some cases, the parties can reach an agreement through direct discussions between their respective attorneys. In cases where no such a agreement can be reached, Arizona law offers the option of alternative dispute resolution.
This is a form of out of court mediation, where the parties, assisted by a pro-tempore judge, can reach an acceptable agreement without resorting to a lengthy and expensive trial ending with a court decision.
Who Qualifies for ADR under Arizona Law?
Your family law attorney will evaluate your case and recommend alternative dispute resolution if they know that you meet the basic prerequisite of Arizona law. The conditions for qualifying for ADR Programs are:
- The matter is pre-Decree – you cannot choose ADR for modifications on court decisions
- All the records and the evidence of the parties are available to both parties
- The parties can prove that they attempted to solve the issue by presenting comprehensive settlement letters
- The parties cannot afford a private mediation procedure
- The parties agree to comply with the rules of alternative dispute resolution.
Finally, the spouses involved in the divorce procedures must give a certified affidavit that all information included in the application is true and accurate.
What Are the Main Benefits of Opting for ADR under Family Law in Arizona?
Any Arizona law practitioner specializing in family law knows that a divorce can take a lot of time, cost money and stir animosities between the spouses. The last issue arises especially in situations covered by ADR – reaching an agreement on the disposition of property and custody.
The ADR mediation involves a pro-tempore judge, who is a voluntary, part-time law professional – in general, a family law attorney. The pro-tempore judge will place the two parties and their respective attorneys in separate rooms and conduct negotiations with each other.
The main benefits of applying for ADR under Arizona family law are:
Alternative Dispute Resolution Is Free
If you seek private mediation, this can cost you a lot of money, as your family law attorney can tell you. This form of mediation does not cost anything. However, as mentioned above, you must first prove that you do not afford private mediation.
ADR Frees Up Court Time
If you are wondering why your divorce case takes so long, it is because courts are very busy with other cases. If a couple cannot reach an agreement on key issues related to the dissolution of their marriage, the court will have to make a decision on these topics.
For any Arizona law family attorney this means a lot of hearings set weeks or even months apart from each other. In turn, this means more money spent until the divorce is finalized, as well as the inability to move on with your life.
In ADR, There Is No Winner or Loser
Many couples choose to maintain a civil, even friendly relationship after their divorce. As family law decrees stipulate, the end of a trial will determine a party who wins the case, and a party that loses it. This can lead to negative feelings between the parties in the long term.
With ADR, Arizona law on family matters offers couples a chance to go their separate ways without acrimony and the feeling that one of the parties won the upper hand.
Let an Experienced Family Law Attorney Represent You during ADR
Alternative dispute resolution may appear a simpler and more effective way of reaching a civilized compromise during a divorce under Arizona law. A family law attorney should still represent you during the mediation. You may not fully understand what is offered and whether it meets your expectations.
We encourage you to reach out to a skilled family law attorney and let them prepare your application and represent you during alternative dispute resolution under Arizona law.