Arizona Divorce Mediation

Role of ADRA in Arizona Divorce Mediation

The ADRA or Alternative Dispute Resolution Association has been considering the issue of draft certification rules for a long time. In the past, there was no licensure or certification for mediators in this state. It is very much possible that there would be a basic mediation course of 40 hours duration and an advanced mediation course of 20 hours. Additionally, an expert panel would be observing the mediators while in work. A list of approved training programs is published by the Academy of Family Mediators. Any interested person is accepted at the general membership level by this Academy. The persons who have completed minimum 60 hours of formal training followed by minimum 100 hours of mediation and have submitted minimum 6 completed mediation assignments for approval are accepted at the practitioner level.

The Bar also made it clear that there was considerable dispute amongst the review committee about the aptness of the lawyer mediator drafting other divorce-related documents. These type of mediators have to make use of their own professional judgment regarding this issue.

Advantages of Mediation

• The domestic relations courts are overburdened with divorce issues and hence they have no time for special desires and needs of divorcing parties. However, in case of mediation there is ample time and the parties can reach a more individualized and creative plan
• The psychological aspects of divorce are often set aside in court cases, as there is no practical method of dealing with those. In mediation, these issues are easily recognized and dealt with
• Mediation offers an opportunity for the parties to understand each others feelings and construct interaction skills which they can use in the future dealings with the ex-spouse
• Mediation is very advantageous for children. It becomes possible to create a parenting plan that deals the assignment of legal responsibility and the division of custodial time. Also, the parties do not utter harmful and destructive issues about the other party as part of the court case. This affects the relation amongst the parties as parents and towards the children
• All the talk that takes place during mediation is confidential
• Divorcing parties can arrange for mediation sessions when they have free time in their schedule and are not driven by the judicial system time table
• The expenditure essential for mediation is considerably less than that which takes place in a divorce
• The duration of a mediation is relatively less than that of the litigation

Status of Arizona Divorce Mediation

Lawyer mediators in this state were anxious regarding their role about drafting documents related to divorce. Regarding this issue, the State Bar was submitted an enquiry. On 7th February 1996, Option No. 96-01 was issued by the Bar stating that ER 22 is not applicable to a lawyer mediator who –

• Performs the exclusive role of a neutral for mediating parties
• Makes a non-binding memorandum of understanding, if full disclosure is made to the parties that the mediator is not playing the role of a lawyer

Divorce Papers