Mediation is a voluntary, confidential process where a neutral third party helps you and your spouse reach a mutually acceptable agreement. It is often faster, less expensive, and less stressful than litigation.
Mediation and Alternative Dispute Resolution in Arizona Family Law
Alternative Dispute Resolution (ADR) encompasses various methods for resolving family law disputes outside of traditional courtroom litigation. In Arizona, mediation has become an integral part of the family law system, with courts actively encouraging—and often requiring—parties to attempt mediation before proceeding to trial. The benefits are substantial: lower costs, faster resolution, greater privacy, more creative solutions, and better long-term compliance with agreements reached through mutual consensus rather than judicial mandate.
Arizona's commitment to ADR in family law reflects a broader recognition that adversarial litigation often exacerbates conflict, particularly in cases involving children. When parents can work together to create parenting plans and resolve disputes, children benefit from reduced exposure to parental conflict and parents maintain more control over outcomes affecting their families.
Types of Alternative Dispute Resolution in Arizona Family Law
Arizona offers several ADR options for family law matters, each with distinct characteristics suited to different situations:
Mediation
Mediation is the most common form of ADR in Arizona family law. A neutral third-party mediator facilitates discussions between the parties to help them reach mutually acceptable agreements:
Non-binding process: The mediator has no authority to impose decisions; parties must voluntarily agree
Party-driven: Parties control the outcome and can accept or reject any proposed solution
Confidential: Communications in mediation are generally protected from disclosure
Flexible: Can address any issue the parties wish to resolve
Arbitration
Arbitration is a more formal ADR process where a neutral arbitrator makes binding decisions after hearing evidence from both sides:
Binding decisions: Arbitrator's decision is final and enforceable like a court order
Evidence-based: Parties present evidence and arguments to the arbitrator
Limited appeal rights: Arbitration decisions have very limited grounds for appeal
Private: Proceedings are confidential, unlike public court hearings
Faster than trial: Can be scheduled more quickly than court trial dates
Arizona limitations: Under ARFLP Rule 67.2, arbitration may address legal decision-making, but arbitration awards affecting children are subject to court confirmation to ensure they serve the children's best interests
Collaborative Divorce
Collaborative divorce is a structured process where both parties and their attorneys commit to resolving the divorce without litigation:
Team approach: Each party has their own collaboratively-trained attorney
Neutral experts: Financial specialists, child specialists, and coaches may participate
Disqualification agreement: If collaborative process fails, both attorneys must withdraw
Interest-based negotiation: Focus on underlying interests rather than positions
Transparent disclosure: Both parties commit to full, voluntary disclosure
No court involvement: Until final settlement, the case stays out of court
Parenting Coordination
Parenting coordination is an ongoing ADR process for high-conflict legal decision-making and parenting time cases:
Court-appointed: Parenting coordinators are typically appointed by court order
Decision-making authority: Can make binding decisions on day-to-day parenting disputes
Long-term involvement: Typically appointed for 1-2 years to manage ongoing conflict
High-conflict cases: Used when parents cannot communicate or resolve minor disputes
Arizona has a comprehensive statutory framework governing mediation in family law cases, primarily found in A.R.S. § 25-381.01 through 25-381.24 and the Arizona Rules of Family Law Procedure:
ARFLP Rule 66: Governs confidentiality of ADR communications
ARFLP Rule 67: Establishes procedures for court-ordered ADR
ARFLP Rule 68: Addresses mediator qualifications and conduct
ARFLP Rule 69: Governs settlement agreements reached through ADR
Court Authority to Order Mediation
Under Arizona law, courts have broad authority to require mediation:
Legal decision-making disputes: Courts routinely order mediation before trial on contested legal decision-making matters
Property disputes: Courts may order mediation for complex property division issues
Post-decree disputes: Modification and enforcement matters often sent to mediation
Domestic violence exception: Courts must consider domestic violence when ordering mediation
Maricopa County Conciliation Services
The Maricopa County Superior Court operates Conciliation Services, one of the oldest and largest court-connected mediation programs in the nation. This program provides affordable mediation services to families involved in legal decision-making and parenting disputes:
Services Available
Mediation sessions: $100 per parent per 3-hour session; reduced fees available based on income
Parenting conferences: $300 per person service fee for comprehensive case evaluation
Initial consultation: Assessment of issues and appropriate service referrals
Drafting a binding agreement (ARFLP Rule 69) that documents the settlement terms.
Common Questions
Is mediation required in Arizona family law cases?
In most Arizona counties including Maricopa County, courts routinely order mediation before setting contested custody cases for trial. Parties must participate in good faith. The only exception is cases involving domestic violence where a protective order exists.
How much does family law mediation cost in Arizona?
Maricopa County Conciliation Services offers mediation at $100 per parent per 3-hour session. Private mediators typically charge $350-$600+ per hour. Costs are usually split between parties, though courts can order a different allocation based on ability to pay.
What happens if we reach an agreement in mediation?
If you reach an agreement, the mediator helps document the terms in a Rule 69 Agreement, which becomes a binding contract. This agreement is then submitted to the court and typically incorporated into your final court order or decree.
Anthony F. Paradise, Esq.
I didn't choose family law. I chose the courtroom.
The preparation. The argument. The moment when everything you've built either holds or falls apart. After earning my J.D. from Arizona Summit Law School, I clerked for a prominent criminal defense and wrongful death attorney. I learned how to build cases that hold up under pressure and how to perform when everything is on the line.
When I committed to practice full time, I brought that same intensity to family law. I understood what it feels like when everything you've built is coming apart. And I learned that how something ends matters as much as how it began.
I have devoted 100% of my practice to family law since 2020. Not because it's easy. Because it's where I belong.
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From Crisis to Clarity
I have helped hundreds of clients and consulted with thousands. My job is to move you from crisis to clarity — with a plan, a strategy, and someone in your corner who knows the details of your case better than anyone.
Relationships are hard. Sometimes the healthiest thing for you, for your children, for everyone, is to separate. But how you end matters as much as why.
What a Good Outcome Looks Like
Divorce ranks alongside death for its toll on mental health. There is no victory lap here.
A good outcome looks like this: someone walks through my door in crisis, and six months later, their life is meaningfully better. They call to tell me their kids are adjusting. They're sleeping again. They can see a future.
Every Document. Every Detail. Me.
I have seen what happens when attorneys grow their practices too fast. More clients. More revenue. And attention drifting toward management instead of cases. I watched the details slip. That's not the practice I wanted to build.
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I am not handing your file to an associate who won't remember it when it counts. You hired me. You get me.
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I touch every piece of evidence in your case. Every email. Every bank statement. I know the details better than anyone in the room.
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