Colorado mediation offers couples a civil way to divorce
Dissolving a marriage in Denver can be extremely overwhelming when it comes to discussing details such as property distribution, child custody and spousal support. While some couples choose to litigate these details in court, others prefer a more non-confrontational atmosphere in which to negotiate the terms of their divorce. Mediation, an alternative to the traditional court divorce, is growing in popularity as a way for couples to actively create their own divorce decree unique to their specific situation.
What is mediation?
During a mediation session, couples meet to discuss the terms of their divorce under the direction of a neutral mediator, according to the American Bar Association. Although the mediator will not take sides during the session, they are available to answer any legal questions either party may have and guide the discussion, ensuring that all topics are covered. The presence of attorneys is not required during the session. However, many people find it extremely helpful to consult with their attorneys during the mediation process.
In order for divorce mediation to be successful, the Huffington Post suggests that each party goes into the session with the goal of creating a settlement that will benefit everyone involved. Divorces involving strong or heated emotions, as well as couples who want revenge should not seek mediation as an alternative to litigation.
Benefits of mediation
While mediation may not be best for every couple, it does offer some advantages when compared to traditional court litigation. The ABA lists the following benefits of mediation:
- Focuses on the needs of each person involved. In order for mediation to work properly, each party must be open to discussing their feelings, wants and needs when it comes to creating the divorce settlement.
- Fosters a positive relationship. Couples who must maintain a relationship, such as parents or business partners, benefit from a clean and friendly split.
- Encourages compliance. People who have a say in the details of their divorce decree are more likely to be compliant with the terms listed in the settlement.
- Achieves a divorce quicker. Court litigation can take several months and years in some cases. Most divorce settlements can be accomplished in a few sessions of mediation.
- Costs less. Since negotiations take place out of court, there are no court costs.
Mediation enables couples to create their own settlement by avoiding use of the legal system. This allows people to make arrangements that may not be available otherwise, including unique parenting plans and visitation schedules.
Finding an attorney
Whether you choose mediation or a traditional court divorce, it is crucial that you contact an established attorney who can guide you through the divorce process. An attorney who is looking out for your best interests in the case can help you make the right decisions during this hard time.