Colorado Divorce Mediation Attorney

One of the most difficult things about a family law dispute is the feeling that decisions about your family and the things most personal to you are now out of your hands and in the hands of a judge. It doesn’t need to be that way.

Mediation is an alternative dispute resolution (ADR) process that gives parties to a dispute the support they need to reach resolutions that work for their unique family circumstance. After all, no one knows your family better than you, so no one is in a better position to make critical decisions about issues like parenting time and the division of marital property.

Emotions often run high in divorce and custody cases, and it can be difficult to reach a mutual agreement on your own with your spouse or co-parent. That’s where a divorce mediation attorney comes in; your attorney will help you prepare for mediation and advise you on the legal consequences of potential decisions. At Altitude Family Law, we both represent parties going through mediation, and serve as neutral mediators for parties trying to resolve disputes through mediation.

How Divorce Mediation Works in Colorado

Divorce mediation involves the two parties, often their attorneys, and a trained mediator. The mediator is a neutral party whose job is to help facilitate agreement between the parties on issues that have been in dispute. Unlike a judge, the mediator does not make a decision in the case; instead, he or she helps the parties identify issues and communicate effectively to resolve them.

Some Colorado counties require spouses to attempt mediation before going to trial in their divorce; others simply encourage it. Spouses can also decide, before or after filing for divorce, to go to private mediation and resolve disputes so that their divorce will proceed more smoothly.

Mediation sessions often take from about two to four hours, and parties may attend as many sessions as they need to reach an agreement. Sessions may be in person or through virtual sessions. They may involve both parties, or the mediator may meet separately with one party at a time, going back and forth between them as they move toward agreement. The arrangement, and the level of attorney involvement, usually depends on what the parties are most comfortable with.

At the end of mediation, the mediator or the divorce mediation attorney will memorialize the parties’ agreement in a Memorandum of Understanding. If there are any issues that remain unresolved, those will be documented as well. Reaching complete resolution of disputed issues through resolution means that your divorce will not have to go to trial.

Benefits of Working with a Divorce Mediation Attorney

Courts encourage or order divorce mediation because it’s often best for families. The many advantages of the process include:

• Mediation is often quicker than a litigated divorce trial, and sessions can take place on the spouses’ timetable, rather than the court’s.
• Trial preparation is time-consuming and costly; resolving a divorce through mediation means that the process is almost always less expensive than going to trial.
• Parties in mediation have more control over the terms of their divorce or custody order; they can craft creative solutions that work for them and their family, and which a court would not ordinarily order.
• When parties reach agreements voluntarily through mediation, they are more likely to be satisfied with them and to abide by them, which means less time spent in court after the divorce or custody case is over, trying to enforce or change court orders
• Mediation is a resolution-oriented process, making it less hostile and stressful than litigation, which is designed to be adversarial.
• Because it is designed to foster cooperation in problem solving, mediation is more likely to preserve goodwill between parties and lay a stronger foundation for co-parenting after a divorce or custody case.

Despite these benefits, divorce mediation is not right for everyone. For instance, if there is a history or allegations of physical or emotional abuse between the parties, the structure of the litigation process may be the only way to resolve disputes in their family law case.

How Altitude Family Law Helps

At Altitude Family Law, we are committed to making one of the most challenging times of your life easier, from the moment you first connect with us. That includes minimizing needless conflict and expense through the use of ADR like mediation.

Whether serving as a neutral mediator in your case, or representing you in mediation in your family law dispute, our priority is helping you achieve a timely, cost-effective resolution that works for your family’s needs, so that you can move forward into the next chapter of your life with confidence.