Mediation

At the Tucson Law Office of Dina Afek, P.C., we encourage parties in a divorce or other family law or civil matter to resolve their dispute through mediation as an alternative to costly or bitter legal battles in court. A mediated result offers many advantages over the traditional adversarial process of litigation.

What is Mediation?

Mediation is a form of alternative dispute resolution, meaning that it is an alternative to litigating your matter in court. Litigation is an adversarial process, in which each party, through his or her attorney, argues the case before a judge, who decides the case and imposes a decision on both parties. In a mediation, the parties present their case to a mediator, who facilitates discussion between the parties and helps them arrive at a mutually-agreeable solution to the issues in their case. The parties are still represented by their attorneys, but the rules of evidence and legal procedure are more relaxed, and the parties are encouraged to focus on their needs and interests, as opposed to stating legal positions and arguing technical legal points.

Once a mediated resolution is complete, the mediator, who is often an attorney as well as a trained mediator, usually draws up a formal agreement that is presented to the court. The court then generally approves the agreement and gives it legal effect through legal decrees and court orders. If the mediation is unsuccessful, the parties are still free to go to court and litigate the matter in the traditional manner.

Why Mediate?

The mediation process allows the parties to focus on what is really important to them, and to communicate those interests in the interest of a mutually-satisfactory resolution. When a resolution is reached in this way, it is more likely to be voluntarily implemented and followed by the parties, without the need for court enforcement.

Mediation is generally less expensive than litigation and considerably faster. Another advantage of mediation that should not be overlooked is that it is usually a much more amicable process than litigation. The parties are able to obtain their divorce with dignity and mutual respect, and without damaging the long-term family relationships that often continue, particularly when children are involved.

This type of result is possible through traditional litigation as well, but the adversarial process makes it harder to obtain. The most important factor to a successful mediation is the parties' willingness to enter the process. If both parties and their attorneys are committed to its success, a mediated outcome is generally preferable to a court-imposed one.

Seek Experienced Legal Representation

Dina Afek is a trained and experienced mediator capable of mediating nearly any family law or civil case. Whether seeking a mediator to serve as a third-party neutral or an attorney to advocate for your interests in a mediation, Ms. Afek can help to facilitate a satisfactory resolution of your case. At the Law Office of Dina Afek, P.C., we encourage parties to resolve their disputes through mediation and other collaborative processes whenever possible. Contact our office for a consultation, and we will help you determine whether your case is amenable to mediation or another form of alternative dispute resolution.