What is Mediation in a Divorce?
Mediation is a process in which the two spouses in a divorce negotiate with a neutral third-party, called the “mediator”. The neutral mediator allows for a more civil and fact-based discussion between spouses who may be showing animosity.
Mediators do not act as judges, nor can they make decisions for the parties. All decisions made in mediation MUST BE VOLUNTARY and made by the parties in the divorce. That being said, mediators are not there to side with either party or force anyone’s hand. They are there to facilitate a peaceful discussion, which hopefully results in an agreement and settlement between the parties.
What is discussed and offered in mediation by the parties can NEVER be brought up outside of mediation (in court, for example) under Colorado statute C.R.S. § 13-22-307. Any offer you make in mediation cannot be used against you later in the case. This keeps mediation an open forum for discussion regarding possible settlement.
Typical topics covered in Colorado divorce mediation include the division of marital property and debts, allocation of separate property, spousal support, parenting time, allocation of parental responsibilities, and child support. A good mediator can take an emotionally-charged conflict and turn it into a focused negotiation that leads to the resolution of the divorce.
Is Mediation Mandatory in a Divorce in Colorado?
Simply, yes. Colorado courts generally order mandatory mediation for the parties in a divorce or parenting dispute before the case proceeds to a trial. The reason for this is simple. It is effective at avoiding the cost and hassle of a trial. Most cases settle before they reach trial.
The requirements for mediation vary by jurisdiction in Colorado. Some counties require mediation before temporary orders hearings, and others require mediation more than once during a case. You can talk to your attorney about the mediation requirements in your specific case.
What Should I Expect to Happen in Mediation?
Most mediation in Colorado is virtual nowadays. In your mediation session, you will be in a “break-out room”, which is separate and private from your spouse. If you have an attorney, they will be in the same room with you, either virtually or in person. The mediator will go to each party’s private room, introduce themselves and ask about their position. From this, the mediator will find where the disagreements lie and move each party towards a middle ground and hopefully an agreement.
Successful mediation requires concessions from both sides – go into mediation with an open mind. Should you go into mediation unwilling to make any concessions, the process will be futile, and the case will likely move towards a costly and time-consuming trial. So, keep this in mind!
What Are the Benefits of Mediation?
Cost-Effective. Mediation can save both parties in a family law case a lot of money. Taking a case to trial can cost tens of thousands of dollars. Most private mediators charge $200-$400 per hour. Even a long mediation session - that leads to a resolution - can save you a lot of money in the long run.
Fast. Mediation may take a few days, but even getting a trial scheduled for a family law case in Colorado often takes many months, as court dockets are very full.
Privacy. Details from cases that go to trial may be public records, while mediation records are completely private and stay private between parties. This is a huge benefit of mediation for many people going through the divorce process.
Control. In the mediation process, agreements must be reached voluntarily by both parties, meaning that the parties craft the agreement together. In a trial, a judge will decide your case and has a lot of discretion over the outcome. The parties may argue their positions in a trial, but the end result is unpredictable and ultimately, not up to each party in the slightest.
Do I Need an Attorney for Mediation?
While you are not required to have an attorney during mediation, having an attorney present or visiting with an attorney beforehand can significantly impact the outcome of mediation for you.
An experienced family law attorney will look at your finances and the facts surrounding your case and inform you of what you are legally entitled to. This will help you have a realistic view of what you should and should not ask for and what to concede. They will also make sure that your interests are fully represented and the ultimate settlement will be beneficial for you in the long term.
If you have more questions about the divorce process, mediation or another family law issue, contact us today. Our experienced attorneys will assess your individual situation during a free consultation and walk you through the process and advocate for your interests.
