Role of Colorado Law in Divorce Mediation

Summary:  Colorado law is the basis for your divorce mediation. It is the community standard of fairness. You must be informed on how a court would like rule on your specific issues.  The laws are designed to protect both of you and your children.

Your Colorado Divorce Mediation Must be Based on the Law

Colorado law is the primary standard on which your divorce should be mediated. The laws are based on the general policy of protecting both of you and your children.

During the mediation process, the question often comes up: "Why should we do anything differently from what a judge would order?"  That is particularly true if one or both parties hires their own attorney to advise them during the mediation process.

Therefore, in a mediated divorce, the law is a realistic part of the process. Both spouses have to understand how the law would apply to their case if they later end up on court.

However, your sense of fairness and greater understanding of facts about your family situation are also very important.

The need to understand Coloraod divorce law is the reason that your mediator should be an attorney who is active in family law court cases.

There is Always Some Uncertainty as to How a Judge Would Rule

The law and how a Judge might rule is never absolutely certain.

The reasons for the uncertainty include:

• The Judge does not have time to absorb all of the facts;
• Attorneys do not always do a good job of presenting a case;
• Different Judges rule differently, with their own individual biases; and
• The law is not always clear regarding certain fact patterns.

Therefore, going to court always includes some risk as to how a Judge will rule on your case.

This is another good reason to resolve your differences in mediation.