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What if Your Ex won’t Cooperate in Mediation?


A Scottsdale divorce attorney can provide you with help in trying to work out divorce issues outside of court. It is often less costly and less stressful for all parties involved in a divorce to try to come to a consensus on divorce issues instead of asking a judge to make decisions on custody, support, and division of property. Unfortunately, in order for couples to be able to come to a consensus, both parties must be reasonable and must be willing to cooperate in trying to reach an out-of-court settlement. 

Singer Pistiner, P.C. can provide assistance with negotiating a divorce settlement. We can explain Arizona custody rules and Arizona rules for division of property so you will know what a reasonable outcome is and can make informed choices about what to ask for in negotiation. We can also help you to try to keep emotions out of the process of negotiating a settlement, which makes coming to an agreement much easier.

Unfortunately, in some cases, negotiating on divorce issues still fails. If this happens, it is important to understand the next steps that you need to take and it is vital that you have an experienced advocate on your side.

What if Your Ex Won’t Cooperate in Mediation?

Mediation is a common approach taken to try to reach an out-of-court divorce settlement. Mediation involves voluntarily agreeing to work with a third party mediator who is able to facilitate communication among spouses who are divorcing so it is more likely that a compromise will be reached.

A mediator does not have the power to order either spouse to cooperate with the process, and mediators also don’t have the power to compel the production of documents or to force the spouses to agree. Mediators do not make binding decisions- they help couples to create compromise decisions that work for both parties.

Unfortunately, since mediation is voluntary and mediators cannot make people take part in the mediation in good faith, there are situations where mediations fail. If your ex is not willing to cooperate and to try to find a compromise, neither you nor the mediator is going to be able to make your ex act fairly in reaching an out-of-court settlement. You may be left with no choice but to go to court and ask a judge to decide on the issues that your ex is being uncooperative about.

How can a Scottsdale Divorce Attorney Help You During Divorce Litigation?

A Scottsdale divorce attorney at Singer Pistiner, P.C. works with you throughout the mediation process to advise you of your rights and to help you to make smart choices to maximize the chances of a compromise solution. If there is no possibility of compromise because your ex will not cooperate, our firm can assist you with the process of litigating divorce issues.

When you litigate property, custody, or other divorce matters, a family court judge applies the laws of Arizona to determine what the terms of your divorce will be. Both you and your ex have to live with the decisions that the judge makes, and the judge has key powers that mediators don’t have- including mandating that relevant information about finances and other legal matters be presented to the court.

If your case is before a judge, it will be up to you to present the kinds of evidence most likely to convince the judge to find in your favor. You will need to make the strongest arguments that you can to show the judge why he should rule the way that you are hoping for on issues that matter to you, such as how custody should be divided. The more compelling your legal arguments and evidence, the more likely it is that you will end up with a divorce outcome that you are happy with. Singer Pistiner, P.C. can help you to make a strong case.

Getting Help from A Scottsdale Divorce Attorney

Singer Pistiner, P.C. has experience with the negotiation of an out-of-court divorce settlement and we can also provide help with divorce litigation if necessary. Our goal is to help you to resolve your divorce issues as quickly and cost-effectively as possible so you can dissolve your marriage in a timely manner and protect your future.

To find out more about the ways in which our legal team can help you, download our free divorce guide. You can also give us a call at (480) 418-7011 or contact us online to get personalized help as you take the necessary steps to dissolve your marriage.