Family Law Representation, Mediation and Collaborative Law in Colorado

Mediation

divorce and family law mediation

Mediation is an alternative way to resolve a case or dispute without having to go through the Court process, and is recognized by Colorado statutory law.

Mediation allows the parties to meet and discuss the issues that are causing the dispute. The parties meet with a mediator, who is specifically trained in the mediation process. The mediator’s job is to help the parties discuss the issues in a safe and neutral setting, to explore and develop options for resolution and to reach agreements. The mediator also works with the parties to translate any agreement reached into writing.

Mediators, who are sometimes referred to as “neutral facilitators” are impartial, and must remain so throughout the mediation process. What this means is that the mediator can not make decisions for the parties, or give any of the parties legal advice even if the mediator is also an attorney. It is the mediator’s job to help the parties make decisions about their dispute in a way that is acceptable to them. The parties may, if they choose, consult with an attorney during or after the mediation process, or bring their attorney with them to the mediation.

Mediation is a confidential process, with a few limited exceptions. This means that what is said in mediation cannot be used in litigation, and the mediator cannot be called as a witness. This is an important part of mediation because it allows the parties to freely and completely discuss their dispute. Even in the event that one party does not feel comfortable discussing something with the other party, the information may still be discussed privately and confidentially with the mediator to determine if or how the information might be disclosed.

Mediation is voluntary, and all parties must consent to the process. This is an important part to any potential successful outcome. Mediation requires some ability to compromise, to listen and to consider another perspective, and to be flexible even when you are in a dispute. Those who voluntarily consent to and embrace the process have the best chance at a successful resolution of their dispute.

Please contact our firm to find out more about mediation.