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 mandatory process that you and your ex will go through with a hired mediator here in Colorado. 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 by law in the state of Colorado in hopes that a couple can have control over their outcomes and settle their differences before involving the courts. Your hired attorneys (if applicable) 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 interests 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 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.