I have referred many clients to Oliver Ross for mediation and have consistently received great feedback. Most say that Dr. Ross is compassionate, fair, and thorough in all of his work. Some have said that he has had a remarkable calming effect on their relationship. I now encourage everyone who might be considering divorce to call Oliver first!
Dennis Hunter, Ph.D.
| Divorce Mediation FAQs |
Frequently Asked Questions About Divorce Mediation
Couples work together with a professional mediator to resolve all of the issues involved in their divorce, including division of assets (such as real estate, investment accounts, and retirement benefits), allocation of debts, child and/or spousal support, and parenting arrangements for minor children. What is the Situational™ approach to mediation? Originated by Oliver Ross, JD, PhD, the founder of Out-of-Court Solutions, the Situational™ approach to mediation is an advanced method of mediation that has proven highly effective in resolving disputes quickly, caringly and inexpensively. The Situational™ approach requires that the mediator adapt the mediation process to conform to each particular situation. It also requires that the mediator assure that everyone is heard, makes fully informed decisions, and enters into sensible agreements. Mediators have different backgrounds and experience. Each mediator at Out-of-Court Solutions is experienced in law, psychology, and business, and makes sure that divorcing couples fully understand all of the legal, financial, parenting, and other issues involved in their situation. Our mediators also help couples effectively communicate and negotiate, explore alternative ways of resolving disagreements, and deal with the anger, sadness and other emotions common to separation and divorce. After the couple has decided everything, our mediators prepare a comprehensive and legally binding settlement agreement. How does mediation differ from court-based divorce? In mediation, divorcing couples do not surrender control to attorneys or a judge. Our mediators provide the legal, financial, parenting, and other information needed to make fully informed decisions – and the divorcing couple decides what is best for them based on their particular relationship, needs, and standards. Mediation takes place in a safe, collaborative environment, and is significantly less stressful than adversarial, win-lose, court-based proceedings. Mediation is inexpensive compared to using two separate attorneys. With initial lawyer retainers ranging from $3,000 to $7,500 or more for each party, as a couple you will pay lawyers at least $6,000 to $15,000 -- just to get started! With Out-of-Court Solutions you pay as you go, avoid costly legal tactics and proceedings, and save thousands of dollars. Your mediator will give you a written time and cost estimate during your consultation. However, it generally takes 2-3 two-hour sessions to divide assets, allocate debts, and make informed decisions about other important considerations such as spousal maintenance, income taxes, life and health insurance, etc. When minor children are involved, it usually takes another 1-2 sessions for couples to make informed decisions about custody, child support, sharing time on weekdays, weekends, holidays and vacations, financial responsibility for health insurance, child care, extra-curricular activities, etc., and numerous other child-related considerations. How does mediation benefit children? With their education and experience in counseling psychology, as well as law, our mediators are dedicated to helping parents focus on the best interests of their children. Mediation through Out-of-Court Solutions reduces anger, increases parental communication, and produces durable parenting arrangements. Are there times when it's not appropriate to mediate? When one spouse is in physical danger, or is unwilling to participate in good faith, mediation would not be appropriate. What if we already agree on lots of issues? These agreements often serve as a foundation for resolution of other issues and overall agreement. They are likely to expedite the mediation and further reduce the cost. What if I want an independent attorney’s help? At any stage of mediation and/or before signing the settlement agreement, you can choose to consult with an independent attorney if you want additional information, support or advice. Your mediator will provide you with a list of attorneys who are expert in divorce matters, do not charge a retainer fee, and in mediation function as consultants rather than combatants. With Out-of-Court Solutions®, use of an independent attorney is an option, not a requirement. What if I don’t know as much or am not as assertive as my spouse? Part of the mediator’s job is to even out any differences in education, background, and experience. Another part is to maintain an atmosphere of mutual respect in which any threats, intimidation, verbal aggressive, and the like are prohibited. Who prepares the court documents? We prepare and file on your behalf all of the legal documents required by the Superior Court to obtain a decree of dissolution of marriage (i.e., divorce). You need never set foot in court. What are the chances for success? We are very proud of our success rate: over 95% of divorcing couples who mediate with Out-of-Court Solutions reach full agreement and those that do not are protected because under Arizona law anything said or prepared for mediation is strictly confidential and barred from use in court. How do I get other questions answered? Arrange for a complimentary consultation by calling Out-of-Court Solutions at What are my options and how do they compare? 
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Divorce is sad, but it doesn't have to be emotionally and financially devastating. Mediation reduces emotional stress, financial expense, and parental conflict. Mediation empowers couples to make informed decisions about property rights, debts, custody, and support -- without the cost and hostility of two adversarial lawyers.