Are there any limits to the remedies that can be awarded in a mediated settlement?

There are limits to the remedies that can be awarded in a mediated settlement in Arizona. Mediation is a process in which parties of a dispute attempt to reach a mutually agreed-upon resolution without the involvement of a court. It is non-binding, meaning that no one is required to agree to the resolution, and the mediator does not have the ability to impose a decision. In Arizona, if the parties do agree to a resolution during mediation, the terms will become part of a stipulated agreement, order, or other form of document. However, there are several limitations to what remedies can be awarded through this process. For example, the parties cannot agree to any remedy that is prohibited by law or public policy like the division of property that has not yet been acquired. Child custody and child support orders also cannot be created through mediation. In addition, mediation is not able to award punitive damages, meaning that no party is able to be punished financially for the wrongs of the other. When it comes to awarding remedies, parties in Arizona must keep in mind that mediation is limited in scope and might not be able to fulfill all of their goals. It is important to understand these limits before beginning the process.

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