Mediation can be an efficient and effective way to resolve the issues in your case in a way you can live with, and often times, with a resolution that meets your objectives.
Whether you are filing for divorce, for an allocation of parental responsibilities if you were never married to your child(ren)’s other parent, or if you are seeking post-decree modifications or enforcement, chances are the Court will require you to enter into mediation prior to utilizing the Court’s resources on a trial or hearing.
This depends on the jurisdiction (county) in which your case is filed, but also can be dependent upon the judicial officer to whom your case is assigned within that jurisdiction. Each Judge or Magistrate may have his or her own case management requirements. For example, they may require that you mediate before allowing a temporary orders hearing. Then, they may require that you mediate again before allowing you to proceed to a permanent orders hearing. Almost always, they also require that you attend mediation prior to proceeding to a post-decree hearing on a modification of parenting time or decision-making.
Notably, the Court may excuse the parties from attending mediation in narrow circumstances such as when there is an emergency issue regarding the health and safety of a child, or when there has been credible evidence of domestic violence between the parties involved in the case.
The key to a successful mediation is preparation. And the key to good preparation lies within the details of your case. When preparing for mediation, the best thing to do is to prepare as if you were ready to litigate your case fully before a Judge. At times, your case may require the use of experts to obtain important information which can also be used as leverage. Educating the parties on pros and cons to their positions, and the best and worst case scenarios should the case proceed to Court, is most effective for a successful resolution at mediation.
Many strategic decisions go into preparing for mediation and it’s important to have an experienced attorney on your side!
If you reach an agreement at mediation, those agreements can be reduced to writing, signed by the parties and submitted to the Court for approval and entry as an Order of the Court.
It’s important to choose an experienced mediator with a demonstrated history of resolving cases. Brandi Petterson and the attorneys with Colorado Divorce Law Group, after 15 years in the family law arena, have worked with the best mediators and provide invaluable insight into who may be the best fit for your case.
After all, mediation is expensive. You are paying the mediator, and often two attorneys, not to mention taking time away from work, to try and resolve your case. It’s important to engage a mediator who is trusted and reliable.
CONTACT US TODAY TO DISCUSS YOUR MEDIATION OPTIONS!
