Mediation in Family Law: A Path Toward Resolution

Mediation is an alternative dispute resolution. Fortunately, in El Paso County, the Court requires mediation, and as a family law attorney based in Colorado Springs, I often encourage my clients to take mediation seriously in an effort for the parties to reach a resolution that works for their circumstances rather than going to Court and risking getting a decision that does not work for either party. 

What is Mediation?

Mediation is a confidential process where a neutral third party (the mediator) helps the parties try to reach a resolution. In family law, this can involve spouses/parents who would like to resolve issues such as financial/property issues involved in divorce, parenting time, and/or support such as spousal maintenance and child support.

The mediator does not have the authority to impose a ruling like a judge can. Rather, their role is to help with communication, identify common interests, and assist the parties in negotiating a mutually agreeable resolution. The parties are not in any way obligated to reach a resolution, and the mediator cannot force an agreement.

In El Paso County, mediation can be done in person, although virtual mediation has become the new normal. However, in person or virtual, you are not in the same room with your spouse, but rather, the mediator meets with one spouse and their attorney and then goes to a different “room” to meet with the other spouse and their attorney.  This setup makes mediation very stress-free, which helps the parties reach agreements.

If an agreement is reached during mediation, the mediator drafts a written agreement (memorandum of understanding) for the parties to sign, with it being filed with the court asking it to be made an Order. 

If there is no resolution, anything discussed in mediation cannot be used against you in court.

Benefits of Mediation

• Cost-Effective – Mediation can save both time and money compared to going to court since trial is so expensive.

• Confidentiality – Discussions in mediation remain private which allows for the parties to be forthcoming in their negotiations without it being used against the other party.  Whereas Court proceedings are open to the public.

• Control Over the Outcome – Since the parties are forthcoming in negotiations, this can involve a creative solution that allows the parties to possibly reach an unconventional resolution that works for both parties’ circumstances, thereby allowing the parties to retain control over the outcome.

• Reduced Conflict – Mediation is a collaboration and can reduce animosity in an already contentious situation.  No one is pitted against the other like in Court.

• Faster Resolution – Mediation can typically be scheduled within a month or a couple of months, thereby reaching a resolution much sooner than waiting to be heard by the Court, which can easily take 6-9 months while the parties are forced to live in this nerve-wracking situation.  

When is Mediation Not the Best Option?

• Domestic Abuse – If there is a history of domestic violence or abuse, mediation may not be safe or appropriate. Power imbalances make it very hard to reach a fair agreement and likely the case will need and welcome a Court’s intervention.  

• Inability to Communicate – Mediation requires both parties to participate and cooperate in good faith, and if the parties are unable or unwilling to communicate, this may also require Court intervention.

• Unreasonable Demands – If one party is acting in bad faith, making unreasonable demands, or refusing to compromise, mediation may not lead to a resolution.

The Role of an Attorney in Mediation

The mediator may often be a lawyer, but as a mediator, they are not permitted to provide legal advice due to their neutral role. Although you are not required to have an attorney during your mediation, it is best to have an attorney with you during the mediation, so your rights are protected

Conclusion

Mediation is very useful in family law disputes since it offers a less adversarial, more collaborative approach to conflict resolution, with the potential to save time, money, and emotional strain.

If you have any questions or would like more information about mediation or other family law matters, feel free to reach out. As a family law attorney in Colorado Springs, I am here to guide you through every step of the process, ensuring your interests and rights are protected.