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Mediation in domestic relations cases in Colorado serves as an alternative dispute resolution mechanism aimed at reducing the adversarial nature of litigation and promoting fair agreements. Court-ordered mediation has become an integral part of domestic relations in Colorado. Trial courts have the authority to order mediation, and mediation is a common requirement. There are times when a court might waive mediation, such as when there has been domestic abuse between the parties. It is also common for parties to set forth in a parenting plan or separation agreement that they will attempt mediation for any future disputes prior to filing a court action.
Although there are many different dispute resolution methods, mediation is the most common. Despite the fact that it is often court-ordered, mediation is a voluntary, confidential, and structured out-of-court process facilitated by a neutral third party who assists the parties in attempting to reach agreement about property, support and children. Mediation is voluntary in that a party may choose not to actively participate in mediation and proceed to trial instead. If court-ordered, the parties must appear at a prescheduled two-hour mediation session. Some parties attend but do not actively participate. However given that the parties have paid for mediation, commonly the parties do spend time speaking to each other through the mediator. Courts do have the authority to sanction a party for a failure to schedule or appear at mediation, but they cannot sanction a party for failure to actively participate.
While most people in domestic relations cases participate in mediation, there are some exceptions. Parties may object to mediation by filing a motion within five days of a referral order, demonstrating compelling reasons, such as in inability to pay or prior unsuccessful attempts. C.R.S. 13-22-311. These requests are rare and mediation is a valuable opportunity for out-of-court resolution of family disputes.
Family law proceedings are unique because they involve personal relationships and families who have special obligations to each other. Parties often feel vulnerable and overwhelmed due to the personal nature of the issues. Mediation is intended to encourage constructive problem-solving techniques, particularly when the parties’ own communication has broken down. Mediation can also help preserve constructive parenting relationships or at least minimize damage to them, as often occurs in the course of adversarial proceedings.
Mediators focus the parties on generating options and ideas for agreement, as opposed to having a judge decide the issues. If the parties enter into an agreement during mediation, it is drafted as a Memorandum of Understanding (MOU). The parties can then embody the agreement in a formal and more comprehensive separation agreement or parenting plan afterwards. When court-ordered mediation is complete, one party or the other must file a certificate of mediation prepared by the mediator that documents mediation completion. Also, if the parties and mediator agree that mediation is progressing in good faith, courts should continue any hearing to allow for the parties to resolve issues between themselves, unless it would cause unjust delay. Mediation is usually more economical than contested litigation. Because mediation is confidential, a party may not disclose mediation discussions in court. The public policy reason for this is to encourage parties to be open and honest in mediation and to actively engage in the problem-solving process.
Agreements reached in mediation can be issued by courts as an order of the court upon request of a party. Courts are often very supportive in this process, particularly if both sides are represented by counsel. It is not necessary to reach complete agreement in mediation, and parties may reach only partial agreement. A partial agreement can narrow litigation issues, reducing conflict and cost. Even if an agreement is not reached, mediation still fills an important information gathering role. Parties often learn aspects of the other parties’ positions of which they were not previously aware. The information gathering component is useful in itself even if it does not produce an agreement.
Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody
A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.