MediationPlan.com - Resolving Conflict and Preserving Family Relationships

Mediation (Informed Decision-Making - Instead of Litigation).

Mediation is a method for helping parties settle their differences by making their own decisions. It is a process where a neutral third party helps the parties identify issues and arrive at mutually agreeable solutions. It is the quickest and least expensive method of resolving differences.

In divorce and other family law matters, mediation is almost always the best solution for resolving differences, because the parties themselves make the decisions, rather than a court. The advantages include much less emotional damage, better future family relationships, and sharply reduced legal fees and costs.

Mediation is generally not appropriate only when income or assets are not disclosed. Or, when there is a large unbalance of power between the parties. Or, when one of the parties refuses to take any position.

Written mediated agreements are enforceable in all Colorado courts, with the same force and effect as court rulings and orders.

In contrast, litigation is the process where the parties are represented by their own attorneys and the court makes the decisions. Litigation almost always includes a much higher legal cost, often takes a year or longer to complete, takes a high emotional toll, and often results in a poorer resolution of the dispute. Litigation is a very poor method of resolving family law disputes.

Selection of a Mediator in Divorce and Family Law.

Since a mediator must be able to identify legal issues and propose acceptable solutions, a mediator should be a licensed Colorado attorney. It is a violation of Colorado law for anyone to provide legal advice or draft legal documents unless that person is a licensed attorney.

The only exception to the use of an attorney as a mediator is a situation where both spouses are represented by their own attorneys or an independent consulting attorney is used..

Read the discussion about the 6 most important questions to ask.

Divorce and Family Law Mediation Applications.

Mediation is particularly effective to resolve the following family law matters:

• divorce proceedings
• parenting time (custody) disputes; including grandparent visitation
• paternity matters
• legal separation
• division of property and debt
• changes to existing divorce and parenting orders
• child support and maintenance (alimony) problems