DENVER Divorce Mediation ATTORNEYS

HOW DIVORCE MEDIATION WORKS

Forms of mediation differ slightly from state to state, but in all jurisdictions, an impartial third party, the mediator, meets with the spouses to work out a voluntary agreement. Over the course of several sessions, the mediator listens to the spouses, assesses the issues before them, and guides them toward a mutually acceptable resolution. However, the mediator cannot impose an agreement on the couple. If mediation fails, unresolved issues are held for trial.

Mediation offers many practical benefits beyond cost savings. It promotes open communication and cooperation between spouses, which can be particularly important when children are involved. By choosing mediation, divorcing couples often preserve a more amicable relationship, which is beneficial for co-parenting. Our role is to prepare each client comprehensively, ensuring they understand the process and potential outcomes. Every session is structured to support discussion and negotiation, minimizing conflict wherever possible.

Common Misconceptions About Mediation

Many individuals enter mediation with misconceptions that can hinder the process. One frequent misunderstanding is that a mediator will provide legal advice. In reality, mediators facilitate communication but do not counsel or advocate for either party. This is why having an attorney is crucial; they can provide the legal insights necessary to make informed decisions.

Another misconception is that mediation is only suitable for amicable divorces. In fact, mediation can be especially beneficial in contentious cases. It offers a structured setting where both parties can address their disagreements constructively. By focusing on solutions rather than conflict, mediation encourages positive communication and can lead to a more satisfactory resolution for both parties.

Frequently Asked Questions

What Makes Mediation Different From Court Litigation?

Mediation differs from traditional court litigation in several key ways. Unlike litigation, which is adversarial and public, mediation is a private process that encourages cooperative problem-solving. This setting can foster better communication between parties, leading to more creative and personalized solutions. Additionally, mediation is typically quicker and less expensive than court proceedings. It also gives the parties more control over the outcomes, as they are directly involved in the decision-making process, rather than leaving it entirely up to a judge.

How Long Does the Mediation Process Take?

The duration of the mediation process can vary significantly depending on the complexity of the issues and the willingness of the parties to cooperate. On average, mediation may take anywhere from a few sessions over a month to several months for more complicated cases. The flexibility of mediation allows sessions to be scheduled according to the availability of all involved parties, which can expedite the process compared to court dockets. At Johnson Law Group, we work efficiently to move through mediation as quickly as possible while ensuring all parties feel heard and understood.

Is Mediation Legally Binding in Colorado?

In Colorado, the outcomes of mediation can be legally binding once an agreement is reached and both parties sign it. The final agreement, called a Memorandum of Understanding, can then be presented to the court for approval. This document outlines the terms agreed upon during mediation sessions. It's crucial to have legal counsel review these agreements before they are finalized, to ensure that they align with your rights and intentions. With the help of Johnson Law Group, you can trust that your mediation agreements will be thorough, fair, and constructed with your best interests in mind.

To Learn About the Benefits of Mediation, Speak to a Qualified Divorce Attorney

Before you consider mediation, you should speak with an attorney with experience in this process. Mediators are not allowed to dispense legal advice, and, in fact, many divorce mediators throughout the country are not even attorneys so they might not fully understand the legal implications of a proposed settlement. At Johnson Law Group, LLC, we help to ensure that you are fully prepared for your mediation sessions. We review your progress, we carefully scrutinize all proposed agreements, and we draft counter proposals that protect your rights.