What Is Mediation And Does It Apply To My Case?

Mediation is a word you might hear often when learning about divorce, but do you really know what it is?

What is Mediation?

Mediation is a process that most couples in Colorado will go through here in Colorado. In almost all Colorado divorce cases, mediation with be required first thing in your divorce process. The purpose is to try and resolve your case by discussing the issues at hand and hopefully coming up with an outcome that both you and your ex can agree on. Mediation is mandatory in most cases in hopes that a couple can have control over their outcomes and settle their differences before involving the courts. The attorneys from both sides can be present with you at mediation to help advise you.

The mediator is a trained, third-party person that is hired by you and your spouse to go back and forth between you and your ex to facilitate the conversation. They remain completely neutral in hopes of coming to a compromise that is in the best interest of both of you. If mediation is successful and agreements have been made, you and your spouse will sign and submit a Memorandum of Understanding to the Court, which will then be incorporated into a formal, final separation agreement.

If mediation is not successful, and you and your spouse cannot come to an agreement, then the next steps options are scheduling a court hearing or, if both parties agree to it, you can decide to go to Arbitration.

Does mediation apply to you?

The answer is yes because it is required by Colorado law for most divorce cases. The state wants everyone to put forth their best effort in trying to settle issues on their own in hopes that they don’t have to go to court and make the situation even more stressful and drawn out. It can save you and your spouse a lot of money, time, and stress to go to mediation, and allow you to keep the most control over what happens to your future.

We always suggest having an attorney present with you for mediation in case anything is unclear, or you need legal advice. It can be beneficial to have legal representation because they will be able to use their knowledge of the law, while keeping your best interests in mind, to help deliver the best result for you and your future.

Contact us today to speak with one of our many experienced attorneys here at Divorce Matters.

Divorce Mediation or Arbitration?

Some people want to avoid going to court, and we can’t blame them. Testifying in court is stressful, and court proceedings are also public. Do you really want to air your dirty laundry for the enjoyment of other people?

Interest in alternative dispute resolution (ADR) has increased over the past few years, and two of the principal ADR techniques are mediation and arbitration. As experienced divorce lawyers, we have experience with both mediation and arbitration in Denver. But is either right for you?

Mediation””Like Negotiation but with Help

Mediation is a popular ADR technique for couples looking to reach an agreement so that they can speed up their divorce. If you can agree on child custody, child support, and the division of marital property, then you can get divorced much quicker than if you need a judge to decide these issues.

This is where mediation comes in. During mediation, you meet with a neutral person, called the mediator. He or she listens to the dispute and helps each side hear where the other is coming from. The mediator is not a judge. She does not pick a winner or loser or assign blame for the divorce in any way. Instead, she helps facilitate discussion so that the couple can reach a compromise.

Once you reach an agreement, you write it up in a settlement agreement and submit it to the court. Even reaching agreement on a few issues can streamline a messy divorce.

Arbitration””Like a Court Trial, but Private

Another form of alternative dispute resolution is arbitration. It is more like a trial than mediation. In arbitration, you submit evidence to an arbitrator (or panel of arbitrators). The arbitrator is often a former judge or an experienced attorney, and he will listen to the evidence. You can have witnesses testify and submit documents, just as you would in court. In the end, the arbitration will decide the issue by issuing an award in favor of one party.

One advantage of arbitration is privacy. The proceedings are closed. You ultimately need a judge to confirm the award, but the judge will not hear testimony on the contested issues. If you have a high net worth or want to maintain privacy, then arbitration could be a benefit.

Experienced Denver Divorce Lawyers

ADR is not appropriate in all situations, but it might be just what you are looking for in your divorce. To discuss your options, please contact Divorce Matters today. We offer affordable consultations, which you can schedule by calling 720-580-6745 or submitting an online message.