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Mediation |
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Is mediation right for us? Mediation is a process where the mediator, acting in an impartial, neutral way, helps the parties to reach an agreement. This page answers many of the questions that people have about mediation. The goal of mediation is to reach an agreement that is satisfactory to both parties. Mediation can result in much more customized and creative solutions than can typically be achieved by the Court, since the Court has very limited time and is bound by the law in its decision-making. Typically, we are asked to help the parties with the entirety of their agreement: Parenting Plan, Child Support, Division of Property and Debts, and Spousal Support. The agreements reached are incorporated into a Memorandum of Understanding that the clients then file with the Court and is incorporated into their Divorce Decree. Is mediation right for us? If you have not retained attorneys to represent you, and you can discuss your issues and have some level of trust, but need someone to provide a safe place for the discussion and to provide input and assistance to your discussions and decision-making process, then mediation could be right for you. If you have retained attorneys, then your attorneys will most likely seek the services of a mediator to help you reach agreement so that you do not have to go to Court. What does the divorce mediator do? During the mediation process, the mediator will assist the parties to exam the issues; communicate the facts, needs and desires; encourage each side to really understand the other side's needs and position; and stimulate the development of options and solutions. It is important that both parties treat each other with respect and focus on future needs, rather than focusing on past misdeeds or finding fault. For most mediations, we will help you look in detail at the financial aspects of your situation and prepare financial reports and projections to help you to work out what options make sense for you to consider, taking into account your needs, resources and tax implications. We can do amendments to scenarios live, projected onto a screen in our conference room so that you can see the implications of various changes in possible settlements. We also help with developing parenting plans. How are we different than other mediators?
The mediator cannot give legal advice to the parties, even if the mediator is an attorney. Parties in a mediation are strongly encouraged to seek legal advice, if for nothing else than to review the final agreement. Many attorneys will provide consulting services for an hourly rate to review an agreement and advise on legal rights and obligations. Who makes the decisions? The mediator will not make your decisions for you --that is what arbitrators and judges are for. The mediator will help you to reach your own agreements, which in the long run should be more workable and satisfactory than those imposed by a third party. You are more likely to implement an agreement that you helped forge than one that was crafted by someone else. Judges also usually do not have time to be creative or to develop a settlement which is unique to your situation. Mediation is voluntary. Mediation cannot work if one or both parties have been forced to attend. Either party is free to leave the mediation at any time. Mediation is confidential. The mediator is bound to keep confidential all communications related to the mediation and cannot be used as a witness if the matter goes to court. Similarly, the parties are bound by confidentiality and are not allowed to use in court any information discovered during the process of the mediation . Parties may have advisors to help them in the mediation. Advisors can include attorneys, financial analysts, parenting professionals, therapists, etc. With the exception of the attorneys, who may only act for one party, the advisors may be jointly appointed. For the mediation to be binding, the agreements must be reduced to writing that both parties sign. The mediator may draw up the agreement, or this may be done by an attorney representing one of the parties. Cost of Mediation. Mediation should be less costly than other alternatives involving divorce professionals. Rarely should a mediated case without retained attorneys cost more than $5,000. Litigated cases can easily cost in excess of $40,000, even if they are settled before going to trial. Costs of mediation vary. The costs depend on how much help you need, the complexity of your issues, how organized you are in getting together all the information and documents that are needed, how far apart you are on the issues, how able you are to make decisions based on needs of your family rather than your wants, and how able you are to understand the views of your spouse. Next Steps. To find out more, call or email Steve to discuss your situation. To get started, I prefer to meet with you together first, but can meet with you individually if that is your preference. To complete our mediation intake forms, click on one of the options below:
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Our Services Helpful Information |
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5600 Greenwood Plaza Blvd, Suite 255, Greenwood Village, CO 80111 Phone: 303.867.1400 FAX 303 800 8230 email: info@divorcefinancecolorado.com |
