Divorce Mediation Blog

Keep up-to-date with news and articles for Divorce and Divorce Mediation.

Mediation Confidentiality – Private vs. Joint Sessions

There has been a longstanding controversy among mediators as to the use of private sessions. While some adhere to a structure in which participants routinely meet in private session and rarely in joint session, others refuse to ever meet privately. Out of Court Solutions mediators spend about 95% of our time in joint session, but…

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When to Consult an Attorney

Informed decision-making by participants is central to the mediation process and my role as mediator. If at any time during mediation we were to conclude that a person was unable or unwilling to participate in this way, we would terminate the mediation. It is important to ensure that both participants clearly understand their prerogative to…

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What if I Need an Arizona Child Support Modification?

Agreements to child and spousal support are modifiable. Modifiable means that either party can request that the support be increased or decreased if there is a material change in circumstances such as the age of the child/ren, an increase in salary, a job loss, extended illness or disability. If the supported household got a high…

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Calculating Spousal Support aka Alimony Through Mediation

In Arizona the first question to be answered in terms of spousal support is whether either spouse is entitled to it1. There are several grounds for entitlement to spousal support, including: (1) the length of the marriage; (2) the likelihood that the person claiming it could obtain employment that would generate sufficient income to adequately…

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Calculating Child Support Through Mediation

Making a Parenting Plan As mediators, we help work through all of the legal, financial, tax, and parenting aspects of divorce. During mediation, parenting arrangements (including legal decision making, time-sharing arrangements and child support) must be formulated1 for minor children. We also prepare a comprehensive Parenting Plan which includes provisions for child support payments, as…

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Conscious Uncoupling: Minimizing the Effects on Children of Divorce while Maximizing Amicable Divorce Solutions

With celebrities like Gwyneth Paltrow and Chris Martin calling their recent separation and intended California divorce “conscious uncoupling” there has been a lot said in the press about the pros and cons of describing the process involved in getting divorced this way. But in actuality there is nothing new about divorcing couples wanting to avoid…

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Dividing Community Property and Debts in Mediation

When explaining community property laws during divorce mediation, clients frequently respond: “But he didn’t pay for any of my new car or the monthly payments. It is all coming from my income – you’re saying that he is entitled to half of its value?” or “So you’re saying it doesn’t matter if she was unfaithful?…

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Mediation Friendly Attorneys

As a mediator I provide divorcing couples with legal information as opposed to legal advice. However, wanting my clients to have additional support from an independent attorney if either one or both of them wants it, I also provide my clients with a list of what I call “mediation friendly” attorneys who can give them…

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The Emotional and Financial Benefits of Divorce Mediation

Few events impact one’s life as profoundly as a divorce. During this time, major life decisions are required related to one’s children, finances and living situation, to name a few. Intense emotions often accompany these decisions and discussions; hurt, sadness, frustration and anger are often involved. So, it is no wonder that divorce is estimated…

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