Robert I. Friedman
Attorney-at-Law
94 W. 2nd Street
Yuma, AZ 85364
928-276-1165
E-mail: RFriedmanEsq@gmail.com
When
I act as a Divorce Mediator, I don't represent either person. My job is to give both of you information and
guide you to a mutual settlement. If you
can't come to an agreement, I can't represent either of you against the other
person.
Divorce
mediation still feels like a new idea here in Yuma, but it's increasingly
well-known and widely accepted around most of the country. Mediation means different things to different
people. In the form I recommend, you
and your spouse would sit down in the same room with each other with me as a
neutral mediator. With my help, you
would work through all the issues you need to resolve so the two of you can get
through your divorce. After you reach a
total agreement about everything, you would then mutually agree on utilizing an
attorney to file a non-contested dissolution.
Mediation is flexible and
confidential. It gives you and your spouse a way to settle the conflict between
you, which is natural and inevitable. It
is our goal that you be able to work out an agreement to divide your real and
personal property and if there are children, to be able to also make agreements
as to custody, visitation and child support.
If you have children, we want to limit the animosity and help you to
work together as parents after your divorce.
The mediator remains neutral
between the husband and the wife. That
means the mediator can't give advice to either party, and also can't act as a
lawyer for either party. But, I can
tell you what the law is and answer your questions. I can't do anything behind the other persons
back. When you enter into mediation, you
will agree that anything that you tell me, I will be able to tell your spouse. Games aren't played and everything is open
and fair.
What the mediator can do,
though, is to point out in open session to both spouses things that each of
them should be aware of about what they're trying to accomplish. That open and free exchange of information
frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same
base of information, it usually takes far less time to negotiate a resolution
that makes sense to both spouses.
You're welcome to bring your
lawyer to mediation if you want to, or you can use your lawyer as an advisor
between sessions. Don't let your lawyer
make you feel that you must pay him or her to be with you during mediation. That's strictly up to you.
Mediation is voluntary. It continues only for so long as all three of
you - you, your spouse, and the mediator -- want it to. You or your spouse can withdraw from mediation
at any time, for a good reason, a bad reason, or no reason at all.
People often ask, "Does
Mediation Really Work"? In a word,
yes. We know from research that when you compare couples who have mediated
their divorce with couples who go through a contested divorce, mediating
couples are more likely to be satisfied with the process and the results,
likely to take less time and spend less money, and are less likely to go back
to court later to fight about something.
The main advantage of
mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your
recovering from your divorce and moving on with your life. Mediation allows the two of you to get through
your divorce with less conflict than you would experience in an adversarial
divorce. Because mediation is all about
working with shared knowledge, mediation also often allows you and your spouse to
work together to lower your attorney's fees . . . . . and that can often
translate to more money for you.
A contested divorce can cost
tens and many, many tens of thousands of dollars. A mediated divorce normally costs a fraction of the cost of a contested divorce. A mediated divorce ends up being filed as a
non-contested divorce because each of you, if mediation is successful, agrees
on everything. Statistically, mediation is successful in over 80% of the mediated divorces. If mediation is not
successful, you can still go through a
contested divorce.