Arizona Divorce
Different mediators in Arizona employ different styles of mediation. The most well known in the divorce mediation process is called “facilitative.” This means the mediator guides parties toward their own solutions. The mediator helps the parties develop and analyze possible settlements. This style is preferred by mediation participants who want a more laid back mediation where the parties have the power to reach their own solutions.
Some mediators are more “evaluative.” This means the mediator tells the participants his/her opinion about the reasonableness of the participants’ positions and how a judge may rule. This style is used more when litigation is already in progress and attorneys are involved. Some people find this style overbearing. The mediator risks appearing biased to the participants, and once a participant looses faith that a mediator is a neutral, it is harder to settle the case.
There is also a style called “transformative.” In this model, the parties have control over the entire process – the parties decide when they meet together, when they meet alone with the mediator, how many meetings they have and who will be involved. It is a new model, and it is currently employed by the United States Postal Service. This process would work best where the parties get along well and can make wise decisions about the process together.
This author’s opinion is that it is best to tailor the mediation to the needs of the specific mediation participants. A mediator could even be facilitative, evaluative and transformative in one mediation. A good mediator has many tools in his/her toolbox to help mediation participants explore their options, consider what solution is in their best interests, move off of unreasonable positions or positions that do not meet their needs and find solutions that will end conflict.
Alona M. Gottfried is a mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.
Simmons & Gottfried, PLLC
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260
