Divorce is unpleasant, even when it is uncontested. The traditional divorce process in Colorado, which involves lawyers and judges, fails many clients. The court system is, by design, an adversarial one, and when the emotions of a long marriage are thrown into the equation, the chances of a productive agreement can be poor. Mediation can help you during these tough times.
What is Mediation?
Mediation is a conflict resolution process where a neutral, impartial facilitator helps disputing parties reach a mutually acceptable solution. This informal, voluntary, and confidential approach creates a structured environment for participants to discuss their disagreements, clarify misunderstandings, identify core interests, and collaboratively develop a resolution. The resulting agreement represents the consensus of all involved parties. Once formalized, this written agreement can be filed as a legally enforceable contract, providing participants with court-backed recourse should implementation issues arise.
Mediation is an excellent way to resolve disputes as it is non-adversarial, less costly than going to court, and the parties have more control over the outcome.
What Does a Mediator Do?
Our job as divorce mediators is not to eliminate the emotional aspects of divorce, but rather to guide you toward a fair, equitable agreement that serves both parties and your children while saving you time and money as you move forward with your lives.
We acknowledge the complex emotions that accompany divorce and understand that dissolving the life you've built together brings significant challenges. Through our proven mediation process, we create a structured environment where difficult decisions can be made more efficiently, ultimately reducing both the financial costs and emotional toll that typically accompany traditional divorce proceedings.
Why Mediate?
1. Mediation is Neutral.
Parties have an equal say in the process, and they decide the terms of the agreement. Mediation can be used to negotiate disagreements that are not appropriate for the court.
2. Mediation Saves Time and Money.
Mediation can be used to resolve most disputes: monetary, personal, family or other. Attorneys are not necessary for mediation, allowing the parties to save money and to have a direct voice in the agreement.
3. Mediation, Not Litigation.
Mediation can serve as either a preliminary step before litigation or as a standalone resolution method for certain disputes. By settling through mediation, parties can avoid the costs, time, and unpredictability associated with court proceedings and judicial decisions. Since the parties themselves craft the agreement, they maintain control over the outcome while still creating a potentially legally binding document that addresses their specific concerns and interests.
4. Mediation is Confidential.
All parties sign a confidentiality agreement which states that anything discussed in mediation is confidential.
5. Mediation Can Foster Cooperation.
Mediation fosters problem-solving and invites cooperation. This is especially important where the preservation of a relationship is critical, which may occur between co-parents, neighbors, family members, co-workers, and landlords and tenants.
6. Mediation Improves Communication.
Mediation provides a safe, neutral, and mutually satisfactory resolution, which allows for preservation of the relationship.
7. Mediation can resolve important underlying issues of the dispute.
Mediation can help you understand and talk about the root cause of a dispute, not just the dispute itself.
What Can be Mediated?
Mediation can help in many different situations. You can come to mediation whether the issue has already been filed in court or not.
Divorce and Allocation of Parental Responsibilities
Going through a divorce or an allocation of parental responsibilities case can be difficult and the thought of taking personal issues to trial makes it worse. We can work with both parties to resolve disagreements in a collaborative and peaceful manner.
Parenting Plans
We can help parents develop a collaborative and child-centered parenting plan. Whether you need to create a new parenting plan or update your existing one, mediation provides a cooperative atmosphere to resolve your issues and move forward, with a focus on your children.
Modifications
We can help parties to resolve post-decree issues including modifications of parenting time, decision-making responsibilities, child support, spousal support, and agreed upon modifications to the court ordered separation agreement.
Enforcement
When a party fails to comply with a court order this oftentimes results in the other party filing for contempt of court. Due to the high factual and legal standards required to prove contempt of court and the risks to both parties regarding the outcome in a courtroom setting, many parties choose to attempt an out of court resolution through the mediation process.
To learn more about our approach and schedule your first mediation, please call today at 303-803-1678 or contact us online for a free consultation.