When a Colorado couple decides to end a marriage, the estranged spouses often disagree on various aspects of property division and child custody. Instead of both parties battling in court where a judge will make arbitrary decisions, people have the option of mediation. They can seek this service out voluntarily, but courts often order it to prevent divorce disputes from overburdening the court schedules.
Mediation also has the potential to produce divorce settlements that both parties find acceptable and workable over the long term. During mediation, both parties have an active role in reaching decisions. The impartial mediator grants both parties a chance to state concerns and issues. As the discussion progresses, a mediator will strive to suggest compromises and help each party recognize the needs of the other. Once the people come to terms, the mediator writes their agreement which becomes a binding contract for their divorce settlement.
With mediation, couples often resolve their differences more quickly than if they had litigated the matter in court. They also save money because they will only need a family court to review their agreement instead of hearing cases presented by competing attorneys.
A person beginning mediation with a former partner still has the right to legal representation. A consultation with an attorney familiar with divorce proceedings could inform the person about parental rights and rights to certain portions of marital property. This information could enable a person to make informed decisions within the mediation environment. Additionally, an attorney’s services might be needed if mediation fails to produce an agreement.