DIVORCE MEDIATION IN BOULDER & COLORADO STATEWIDE

+ What are the advantages of a family law attorney conducting mediation?

Family law attorneys know the law, know what a common resolution in court would be, and have seen the pitfalls and after-effects of poor agreements. An attorney can help prepare agreements that will be approved by the court and will be successful for your family.

+ What are the costs of mediation versus going to court?

Mediation is often a more cost-effective approach than court litigation. In court proceedings, both parties typically hire their own attorneys. With mediation, only the Conscious Family Legal Team would be hired and you also avoid paying court fees. It is also less stressful.

+ Privacy Concerns: Can information disclosed in mediation be used against me in court?

Unlike trials and hearings, mediation is private. Any negotiations or potential admissions made during mediation cannot be brought to court litigation, according to Colorado law.

+ What if we can’t reach a settlement?

Your mediator can recommend returning for another session or two to resolve any remaining issues. An agreement can be prepared for settled issues. If the parties do not settle in mediation, an impasse occurs. The issues can still be taken to court and decided upon by a judge. Mediation is still productive, even if an agreement is not reached as it helps both parties focus on the most important issues. This will save time and money if litigation were to occur.

+ Is my mediator also my attorney?

No. We are attorneys and mediators, but we must remain an unbiased third party. We cannot give legal advice to either party. However our team can provide valuable insight on a range of possibilities that the court could order in a family law matter, which proves to be helpful for parties trying to resolve their cases.

+ Is a mediation agreement enforceable?

An agreement signed by both parties at mediation is a binding agreement. If one party does not honor the agreement, the other party can go to court to enforce it.

+ How long does mediation take?

The time required to mediate the issues depends on the complexity of the case and the flexibility of the parties. Addressing the issues and guiding you to a win-win agreement typically takes 3 to 5 mediation sessions, but occurs at your own pace.

+ What if I’m concerned my spouse is hiding or will hide money?

In Colorado, there is a 5-year lookback during which a case can be reopened if it is discovered that a spouse misrepresented or failed to disclose assets. A CDFA (Certified Divorce Financial Analyst) or forensic accountant can be engaged at any time to do a thorough review of transaction records to ensure all financial issues are properly addressed.

+ What if I need more information about my legal position?

During the mediation process, people sometimes require individual legal advice. In that event, we refer each spouse to a respected family attorney who can be trusted to not escalate conflict unnecessarily. We always recommend getting any final settlement reviewed by independent counsel.

+ Does the mediator have a fiduciary responsibility to ensure a fair and equal outcome?

The most direct answer is no. The mediator does not have a fiduciary responsiblity to ensure some objective fairness of outcome. The role of the mediator is to be neutral and facilitate a fair process, in which all parties have equal ability to negotiate fairly and have equal ability to access information.
By engaging in mediation, parties take charge of their situation and take responsibility for deciding for themselves, rather than leaving it up to a judge or other decision-maker, what a fair outcome should be.

Something we recommend throughout the mediation process is to consult with your own attorney, who can advise and counsel you on your best interests, and help you feel clear that you are making a good bargain.

+ What if an agreement cannot be reached?

In nearly all of our cases, couples are able to reach a satisfactory agreement through mediation. But in the event you cannot find accord after multiple good faith mediation sessions, you can always decide to go to court.

+ Is a mediation agreement enforceable?

In general, yes, mediation agreements are considered enforceable in Colorado. It depends, though, on the agreement and the judge if it is called into question in court. It’s worth noting that this is rarely an issue because mediation results gain commitment from the participants – they both arrive at them collaboratively and agree to them prior to signing off.

+ What kinds of documents are required?

We don’t need “evidence” or other kinds of documents for mediation. The only documents that may prove helpful are financial reports used to generate agreement about things like spousal support, child support, and the division of assets.

+ Do I need to bring a lawyer to mediation?

No lawyers are required in mediation. In fact, the whole point is to try to make the entire process more amenable to all, so we strive to take the “us versus them” vibe out of mediation sessions. You are always welcome to consult with your attorney about any mediation agreements, but rest assured we are also attorneys at Conscious Family™ Law and Mediation.

+ What if my spouse wants to go to court instead?

Sometimes, one partner is more keen to try mediation than the other. Since the process only works when both spouses are invested in it, we recommend making sure your spouse understands how it functions. We are happy to answer any questions to put your partner’s mind at ease without applying any pressure either.