Colorado Mediation Attorneys

OUR DIVORCE LAWYERS SEEK PEACEFUL & BENEFICIAL RESOLUTIONS

Divorce is often known for conflict and adversarial conversations—two spouses, backed by their aggressive lawyers, will fight it out over every last asset. While The Harris Law Firm offers aggressive representation when it is necessary to uphold your rights, we believe in a cooperative approach. Mediation is one of the many methods we employ to provide strong, mutually-beneficial solutions.

How Mediation Works

Mediation is a legal proceeding where a neutral third party helps two other parties facilitate an agreement. Whether the agreement is the terms of a divorce, child custody, or alimony, our highly-skilled mediators are prepared to provide our services. 

A mediator is a neutral third party who assists individuals or families in resolving disputes outside of court. Mediators facilitate communication and negotiation between conflicting parties, helping them reach mutually agreeable solutions. Mediators in family law can come from various professional backgrounds and may have specific qualifications or certifications in mediation.

Some common types of individuals who can act as family law mediators include:

• Professional Mediators: These are individuals specifically trained and experienced in mediation techniques, often certified by recognized organizations. They may have backgrounds in law, counseling, psychology, or social work.
• Family Law Attorneys: Lawyers specializing in family law might also serve as mediators. However, when acting as mediators, they don't provide legal advice to either party but facilitate discussions toward a resolution.
• Therapists or Counselors: Professionals in mental health or family counseling might have mediation training and can assist in resolving disputes in a family context.
• Retired Judges: Some retired judges transition into mediation roles, leveraging their legal expertise and experience to help parties find mutually acceptable solutions.
• Community Mediators: These individuals might be volunteers or community members trained in mediation techniques, offering services through community organizations or court-referred programs.

Unlike a court proceeding, a mediator does not pass judgment or make a decision in any way. Their purpose is to help both sides come to an agreement that is best for everyone. However, if you are unable to reach an agreement, the next step is to proceed to arbitration in order to come to a final, binding, and enforceable decision.

Here's an overview of the typical mediation process in Colorado:

• Initial Contact and Scheduling:
  • Agreement to Mediate: Both parties must agree to participate voluntarily in the mediation process.
  • Selecting a Mediator: Parties can select a mediator they mutually trust or may be assigned one by the court.
• Introductory Sessions:
  • Orientation: The mediator explains the mediation process, its goals, and the role of the mediator.
  • Confidentiality: Parties are informed about the confidentiality of the process, encouraging open communication.
  • Identifying Issues: The mediator helps identify the key issues to be addressed and ensures both parties have an opportunity to express their concerns.
• Information Gathering and Discussion:
  • Exchanging Information: Parties share relevant information and documents necessary for discussion and decision-making.
  • Generating Options: The mediator assists in brainstorming and exploring potential solutions to the issues at hand.
  • Negotiation: Parties engage in discussions facilitated by the mediator to reach mutually agreeable solutions.
• Agreement and Resolution:
  • Drafting the Agreement: If resolutions are reached, the mediator assists in drafting a written agreement that reflects the agreed-upon terms.
  • Review and Legal Counsel: Parties may review the agreement with their attorneys before finalizing it.
  • Court Submission: Once both parties agree to the terms, the agreement may be submitted to the court for approval and incorporation into a legally binding court order.

Keep in mind that if both parties cannot come to a divorce agreement in mediation, then the divorce will be considered contested. Therefore, a judge will ultimately decide on the contested issues.

How Mediation Can Help with Your Divorce

Good mediation is the result of two voluntary parties—however, mediation is sometimes prescribed by the court. A mediator is legally required to take no side because the purpose of mediation is negotiation, not “winning.” The advantage of mediation is that it avoids the uncertainty of court decisions. Clients who cannot find a solution in mediation have the freedom to pursue other solutions—in contrast, once a court passes judgment, both parties must abide by the decision for better or worse.

At its core, mediation is constructive and cooperative. It is about rebuilding something better out of the marriage, rather than cutting it up and dividing the pieces. It can be a more pleasant experience, empowering two reasonable parties to reach an agreement that requires no judge to impose a court order. Good mediators ensure that the process is fair and unencumbered by adversarial posturing or aggression from either side.

Other benefits of mediation include:

• Cost-Effective: Mediation is often more cost-effective than litigation. It typically involves fewer legal fees, court costs, and related expenses.
• Time-Efficient: Mediation can be quicker than traditional court processes, which can be time-consuming due to court schedules and backlogs.
• Confidentiality: Mediation is a confidential process, and communications during mediation cannot be used as evidence in court. This encourages open and honest discussions.
• Customization of Solutions: Parties have more control over the outcome and can craft creative and customized solutions that better fit their unique circumstances.
• Reduced Emotional Stress: Mediation provides a less adversarial and confrontational environment compared to litigation, reducing emotional stress and animosity between parties.
• Flexibility: The mediation process is flexible and can adapt to the specific needs and preferences of the parties involved. It can address a wide range of issues beyond legal matters, such as communication or parenting plans.
• Greater Compliance: Because parties actively participate in creating the agreements, there is often a higher likelihood of compliance with the terms compared to court-imposed orders.
• Court Avoidance: Successful mediation can help parties avoid court proceedings altogether or limit the issues brought before the court, saving time and resources.
• Child-Centric Focus: In family law cases, mediation often prioritizes the best interests of children, allowing parents to work together to create parenting plans that consider the unique needs of their children.

Our Mediators Provide Creative Solutions to Complex Problems

At our firm, we employ certified and highly-trained mediators who genuinely believe in the power of mediation. Our mediators are experienced negotiators who can help you find the best solution possible, without fear of unfairness or imbalance. Our mediators genuinely seek the best results for both parties. Our passion for cooperation that preserves mental and emotional well-being expresses itself through our work.

If you are seeking a cooperative process during a divorce, let the Colorado mediation attorneys at The Harris Law Firm provide guidance. Contact our firm for more information.

Recommended Reading

• Colorado Divorce Mediation
• Reasons to Choose Mediation