What is Mediation?
Mediation is a meeting with a mediator to try and reach an agreement regarding your dissolution, judgement, or other family court matter. In mediation, parties are encouraged to talk about their present and future plans, as well as the needs of any child(ren) in an open and problem-solving manner. The mediator is neutral and objective whose role is to help you work together to resolve problems about your court matter.
Mediation is confidential and no information or recommendations from the session(s) will be reported to the Judge or attorneys. You will be asked to complete an intake form prior to your appointment and will sign an agreement to mediate form with your mediator in the session
- Why did the Judge send us to Mediation?
Your Judge may have ordered you to attend mediation because you have a dispute in your family court matter. The Judge wants you and the other party to have a chance to come to an agreement through mediation and not through the court process.
- Can I attend Mediation without going through a Judge?
Yes, if you have an existing case in the Pinal County Superior Court. You can request a mediation if you need help in resolving a problem related to a dissolution of marriage, legal decision-making of a child, parenting time, child support, or other family law matter.
If both you and the other party agree to attend mediation, you can complete the Joint Request for Mediation. If only one party wants to request mediation, and you know the other party’s address, you can complete the Mandatory Request for Mediation form.
- What happens if we reach an agreement in Mediation?
If you reach a full or partial agreement during mediation, Family Services of the Conciliation Court (FSCC) will prepare a Court Decree outlining your agreements. The agreement will be sent to you electronically so you can review the document, determine if the agreement is accurate, and sign the document if you agree to its terms.
If you are represented by an attorney, the document will be sent to your attorney for their review and signature. After all parties sign the document, the Decree will be forwarded to the Judge for final approval and to become a court order. If an objection is filed by one of the parties, the mediator will contact the parties and attempt to resolve the areas in dispute.
- What happens if we do not reach an agreement in Mediation?
If you do not reach an agreement, Family Services of the Conciliation Court (FSCC) will report to the Judge that you participated in mediation, but no agreement resulted.
- Who can attend the Mediation appointment?
Typically, the parents and the mediator are the only people included in mediation; however the mediator may include other parties under certain circumstances.
- Do I need to bring any documentation with me to the appointment?
Since mediation is confidential and geared towards problem solving, there is no need to provide evidence or documentation.