Mediation allows for personalized solutions tailored to your unique circumstances. Our mediation lawyer will assist in generating creative options, helping you craft agreements that best serve your specific needs and concerns.
What is Mediation
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A voluntary and confidential process where a neutral mediator helps disputing parties communicate, find common ground, and work towards a mutually agreeable resolution without going to court. It offers a safe space for open dialogue, encourages understanding, and empowers participants to reach their own solutions. The mediator facilitates discussions, but does not impose decisions, and any resulting agreement can be legally binding. It's a cost-effective and flexible alternative to litigation, promoting collaboration and long-term relationships while giving parties control over the outcome of their dispute.
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How to Set Up Mediation
Pay your mediation deposit before the deadline. Otherwise, your mediation may get cancelled (bad thing).
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Write a summary of your position on all of the issues in your case. ("If you fail to plan, you're planning to fail" - Benjamin Franklin).
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E-mail the mediator the summary of your position on all topics and issues at least 48 hours before mediation.
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Be prepared to discuss all topics and issues thoroughly at mediation.
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Attend mediation in good faith and with an open mind.
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What to Expect at Mediation​
What to Expect in Divorce Mediation
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Mediation is done either in-person or virtual via Zoom (NOTE: Most divorce and custody mediations are done via Zoom).
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You can be in the same room as the opposing party and mediator, or you can request to be in a separate room from your opponent. You can even start the mediation in the same room and then move into separate rooms as the mediation progresses.
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Mediation is private, meaning only the parties, their attorneys, and the mediator should be physically present during mediation. It also means that the mediator cannot be called as a witness to testify at trial.
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The mediator cannot force you to agree or sign anything.
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Mediators attempt to resolve all issues in your case and may offer helpful suggestions or insight to help resolve any issue. Mediators cannot give legal advice.
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When the mediation is over the mediator will fill out and file a Certificate of Mediation with the Court. The Mediation Certificate informs the court that the parties complied with the mediation requirement
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If an agreement is reached between parties, the mediator can draft the agreement and send to the parties for their electronic signature.
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How Much Does Mediation Cost in Colorado
Cost of divorce mediation
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The cheapest mediation in Colorado is done through the county court's Office of Dispute Resolution. A mediator from the Office of Dispute resolution charges $75 per hour, per party, for a minimum of two hours (i.e., $150 per party for a two-hour mediation, and an additional $75 per hour if it goes longer). The Office of Dispute Resolution has a list of court-approved local mediators near you.
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A private mediator will charge somewhere between $200 - $500 per hour.
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Can I Skip Mediation?
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Mediation is typically required in all domestic relations cases. Do not skip mediation! There are circumstances when mediation can be avoided but the court approval is usually necessary. Such circumstance can include an allegation of domestic abuse between the parties who are attending the mediation, or an allegation that the parties have recently and unsuccessfully mediated. The consequences of skipping mediation could include, but not be limited to, paying the mediator's and attorney's fees for both parties.
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Difference Between Mediation and Litigation
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In court proceedings (i.e., litigation), the parties are represented by their respective lawyers and the judge decides each issue based on the presentation of evidence and witnesses in light of the law. Court cases are often long and involve heated arguments and emotionally stressful situations. Preparing for trial
On the other hand, mediation is conducted out of court in the presence of a neutral and trained professional. In most instances, mediation will save time and money preparing for and going to trial. However, there are times when mediation is not helpful and litigation is unavoidable.
Mediation enables parties to settle their unique issues outside of court. Litigation involves lengthy trial preparation and a judge deciding the fait of your case. Mediation less costly than the attendance and preparation of judicial proceedings.​​
No matter what type of dispute you are facing, there is an alternative dispute resolution method that can help resolve it. Alternate dispute resolution is a way to resolve disputes without going to court. It is often faster, cheaper, and less stressful than going to trial.
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Common types of alternative dispute resolution include:
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mediation
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arbitration
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negotiation
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Each of these has its own advantages and disadvantages, so it is important to talk to a family law lawyer to help you choose the right one for your particular situation.
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Ending a relationship is a tough and emotional process, no matter how amicable the split may be. It can be difficult to communicate with your ex-partner, especially if there are children involved. Mediation provides a structure and framework for couples to discuss the practicalities of their divorce and/or allocation of parental responsibilities in a safe and neutral environment. Mediators are trained professionals who can help couples to communicate effectively and make sound decisions about their future. They can assist with topics such as child custody arrangements, decision-making authority, financial settlements and property division. With the help of a mediator, couples can come to an agreement that works for them, without the need for costly and stressful court proceedings. Mediation in Colorado is required in any case involving divorce or the allocation of parental responsibilities. Mediation can also be used prior to starting a case
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​A Colorado divorce mediation lawyer can help you navigate the mediation process, ensuring that all of your rights and interests are protected. They can help you communicate effectively with your spouse, and make sure that all important topics are addressed. They can also help you negotiate a fair settlement, one that takes into account all of your needs and interests. In addition, a lawyer can provide invaluable support during this difficult time. While mediation can be a successful way to end your marriage, it is not always easy. Having a lawyer by your side can help to make the process as smooth and stress-free as possible.
Mediation
Top Related Mediation Readings...
Mediation is an alternative method of resolving disputes through the help of a neutral third party. It fosters open communication and cooperation, preserving relationships between conflicting parties. Mediation offers cost-effectiveness, time efficiency, and the ability to customize solutions, making it a valuable approach for amicably and efficiently resolving various types of conflicts.
Deciding between mediation and litigation for a divorce involves weighing the pros and cons of each approach. Mediation fosters cooperation and control over decisions, promoting amicable resolutions, and privacy. Litigation offers formal adjudication, legal representation, and enforceable court orders but can lead to adversarial conflicts and increased costs. Couples should consider their level of cooperation, complexity of issues, emotional well-being, cost, and long-term relationships when choosing the right path for their divorce. Seeking professional advice can provide valuable insights during this significant life transition.
Mediating property division in divorce offers a cooperative and efficient approach to fairly split assets and debts. Couples can maintain control over decisions, communicate openly, and find creative solutions to their unique needs. Mediation preserves relationships, ensures privacy, and saves time and costs compared to traditional litigation, making it a valuable method for resolving property division disputes during divorce.
Don't leave your legal matters to chance. Contact Creager Legal today for a free consultation! Divorce mediation near me. Call our Denver mediation lawyer now!
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What is the difference between legal custody and physical custody?Legal custody refers to decision-making authority, while physical custody relates to where the child resides. In Colorado, "custody" is referred to as the "allocation of parental responsibilities" (APR). APR refers to (1) parenting time, and (2) decision-making responsibility.
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How to change jurisdiction for child custody?To change jurisdiction for child custody, you typically need to file a petition in the current jurisdiction, providing valid reasons for the requested change, and seek approval from the court.
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Can parenting time be modified or adjusted?Parenting time can be modified or adjusted if there is a significant change in circumstances or if it is determined that the modification is in the best interests of the child. The court will consider factors such as the child's needs and the parents' ability to co-parent effectively when making a decision.
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Can you lose custody for not paying child support?Yes, you can potentially lose custody for not paying child support, as failure to fulfill financial responsibilities may be seen as neglecting the child's well-being and can be grounds for a change in custody arrangements.
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Do I need a lawyer for child custody?While it is not mandatory to have a lawyer for child custody cases, consulting with a family law attorney is highly recommended to understand your rights, navigate the legal process effectively, and ensure the best possible outcome for your case.
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Why do I pay child support with 50/50 custody?Even with 50/50 custody, you may still be required to pay child support if there is a significant disparity in the incomes of the parents or other factors considered by the court to ensure the child's financial well-being.
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How does relocation or moving to another state impact existing custody arrangements?Relocation can significantly impact custody arrangements, often requiring court approval or modification of the existing order.
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Should co-parents spend time together?Co-parents should spend time together if they can maintain a respectful and cooperative relationship for the benefit of their children's well-being, but it's essential to prioritize the children's needs and avoid it if unresolved conflicts or emotional distress are involved.
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Who pays attorney fees in child custody cases?In child custody cases, the party responsible for paying attorney fees is typically determined by the court and may vary depending on the specific circumstances and laws of the jurisdiction.
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Can you lose custody for child endangerment?Yes, child endangerment can be a significant factor in child custody cases, and engaging in behavior that puts the child's safety at risk may lead to the loss of custody rights.
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Can you get custody of a child that's not yours?Obtaining custody of a child who is not biologically yours may be possible through legal means, such as adoption or obtaining guardianship, depending on the specific circumstances and the laws in your jurisdiction.
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How to fight false allegations in child custody?To fight false allegations in child custody, gather evidence, maintain clear and open communication with legal representation, and work with your attorney to present a strong defense in court.
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Can I fight for custody from another state?Yes, you can fight for custody from another state, but it can be legally complex, and it's essential to understand the relevant laws and seek legal counsel.
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How long does a custody hearing take?The duration of a custody hearing can vary widely depending on the complexity of the case, the number of witnesses and evidence presented, and the court's schedule, but it typically lasts anywhere from a few hours to several days.