In Colorado, Mediation is Often Required in Divorce
If you and your spouse are divorcing and do not agree on issues such as child custody, alimony/maintenance, property division or child support, you may be required to go through mediation before you can have a trial before a judge. Mediation is an effort by courts to encourage people to find their own solutions to problems by having you attempt to work things out with a trained mediator.
At the law firm of Buchholz, McDowell & Norman, our lawyers are experienced in helping families in the Denver-Boulder area reach agreements in divorce cases by alternative dispute resolution techniques such as mediation and exploring whether collaborative law may work for you.
What is Mediation?
In family court, you and your spouse will each present evidence, often controlled by strict rules, and then the judge will make a decision. Mediation is more of a discussion in which either party can throw out ideas to resolve problems. We believe it's important to select a mediator who understands family law and is up-to-date on case law. Typically, we use lawyer-mediators who practice in the area of family law.
When you go to a mediation session, your lawyer will usually go with you to explain your rights with respect to issues such as child custody and division of marital property. We will also advise you of flaws, risks, and benefits of a proposed agreement. If you and your spouse can reach an acceptable agreement, we will draft it and send it to court for the judge to review and approve. Our experience is that when parties mediate without attorneys, they often fail to include important legal issues in the agreement, which can create problems later. Having attorneys at the mediation will avoid making those kinds of mistakes.
If you and your spouse cannot agree on settlement, then our lawyers would proceed to litigate your case using the court system.
Benefits of Mediation
Mediation can be a good way to resolve issues in divorce. Mediation allows couples to come up with their own solution. When two people resolve their own case, they are more likely to follow the agreement and there will be fewer disputes after divorce.
Collaborative law is similar to mediation. In a collaborative divorce, both parties and their attorneys have a series of meetings to resolve issues. However, if the collaboration process falls apart, current law requires both parties to hire new lawyers to litigate their case. Our attorneys can help you decide whether collaborative law may be a good fit for you.
Schedule a Free Attorney Consultation
To discuss mediation with a lawyer at Buchholz, McDowell & Norman, call 303-449-1202 or fill out the contact form on this site. We serve clients in the Denver-Boulder area.
