Blog

Whether they are ordered to attend mediation by a Colorado court, or evaluating the potential advantages of attending mediation prior to opening a case, individuals involved in Colorado family law disputes often wonder about how they will decide who pays for mediation. In a court-ordered mediation scenario, often the judge will issue instructions regarding financial responsibility, and frequently a Colorado court will order a division of costs between the parties. If you are considering party-initiated mediation and you enjoy a relatively cooperative relationship with the other party involved in the case, then who pays for mediation may be something on which you can reach an agreement prior to reaching out to a mediator. An experienced family law and divorce attorney may be able to help individuals in Denver answer these questions and more in a personalized consultation. Call Colorado Divorce Law Group today at (720) 593-6442 to schedule a time to visit about your circumstances. 

Independent vs. Court-Ordered Mediation

One factor that will structure how who pays for mediation will be decided in a particular case will be how the parties decided to attend mediation in the first place. If the parties (often but not always a divorcing couple or co-parents) seek mediation of their own accord, in hopes of reaching an agreement before they bring their case to a Colorado court, then who pays for mediation will usually be established in a three-way agreement among the parties and the mediator. In most cases, before mediation services begin the mediator will want some sort of signed financial responsibility statement documenting who will ultimately be responsible for ensuring that the final bill is paid. Many mediators may also want to secure at least partial payment upfront to help defray their own costs.

If a Colorado court orders the parties in a family law dispute to participate in mediation or another form of alternative dispute resolution under the Colorado Rules of Civil Procedure (which govern most proceedings in family law cases in the state, as provided by C.R.S. 14-10-105), then the judge in the case may order either party to pay, or may divide the responsibility for mediation costs between the parties in any way the court considers fair. Generally speaking, the parties can still expect to sign a payment agreement mediator before sessions begin.

Questions To Ask Before Mediation

No matter who pays for mediation in a family law dispute, both parties are likely to incur some expense in attorney fees (if applicable), time (often with missed work), and associated costs such as childcare and commute. Those who find covering the costs of court-ordered mediation especially onerous may wish to file an Application for Reduced Fees through Colorado’s Office of Dispute Resolution Services (ODR). If you are considering mediation prior to filing a motion or petition with a Colorado court, some factors you may wish to consider as you weigh the costs against the potential benefits include:

• Does the dispute involve a child? Most family matters in Colorado are susceptible to court-ordered mediation, but judges may be especially likely to refer parties to mediation when the care or well-being of a child is at stake in the case. Knowing this, the parties involved in a family law dispute over their co-parenting rights or obligations might sometimes choose to start with mediation, and only proceed to a court filing once they have reached either an agreement or an impasse.
• Have you already participated in mediation in a related case? Disagreements over support or parenting time arrangements are common not only during a divorce, but often after orders have already been entered in the case. If you have previous experience of going through mediation with the same party on a related issue, you may be able to use that history as a guide to help estimate what you can or should expect if you attempt mediation again.
• Are there safety issues? Mediation can be a wonderful tool for reducing conflicts and finding compromise solutions. However, it may not be appropriate in cases where there is a history of abuse, and especially in those that carry an ongoing concern for safety.
• Do you know what you risk in court? One of the primary advantages of mediation is that it offers parties the chance to negotiate their own solutions. Generally this means that both sides have greater flexibility and control over outcomes than they could expect in court. You may want to attempt mediation first when specific aspects of the potential outcome are especially important to you.
• How willing is the other party to participate in voluntary (not court-ordered) mediation? Without a court order, you will need at least some cooperation from the other party in the dispute to make mediation a realistic option. The degree to which the other party embraces the idea, however, can sometimes make a significant difference in who pays for mediation and how costs are shared.

If you have not been ordered by a Colorado judge to participate in mediation to resolve your family law dispute, a Denver mediation attorney with Colorado Divorce Law Group may be able to help you evaluate the pros and cons of party-selected mediation in your circumstances.

Costs of Mediation in Colorado

The fees mediators charge for their services vary. Factors that can affect mediation fees include the experience of the individual mediator, the number and duration of the mediation sessions, and the area of Colorado in which the mediation takes place.

Variability of Factors

Each of these factors can also vary, depending on the circumstances, but as a general rule a more experienced mediator is likely to charge more per hour than a mediation professional relatively new to the practice. Individuals choosing a mediator with whom to work may try to save money on hourly fees by contracting with a young mediator just starting out, or they may prefer to work with a more experienced mediator with a history of helping parties involved in family law disputes reach agreements quickly in hopes of avoiding expense over multiple sessions. The area of the state in which mediation is held may not be in either party’s control – but if the parties are located far enough apart that their local “markets” show sharply different costs of living, then one factor to consider in determining whose location controls the venue for mediation may be assessing whether typical mediation fees are comparably divergent.

Beyond the Mediator’s Fee

In addition to the fees paid directly to your mediator, you may also wish to have a dedicated family law attorney support you throughout the mediation process and review any prospective agreement before you sign. In that case you should prepare for those fees according to whatever arrangement you have reached with your lawyer, and typically you will be responsible for paying those fees yourself regardless of who pays for mediation in other respects. Another cost that may sometimes be charged separately is a facility fee for the use of a conference room or similar setting; you may wish to check with your mediator in advance to determine whether a venue is included in their fee for services.

Learn More From an Experienced Attorney

Figuring out who pays for mediation in family law disputes can sometimes be a complicated endeavor, with multiple variables that must all be considered. When a court orders the division of costs, the result may be simple in terms of mental load, but there is no guarantee that either party will be pleased with the split – so it may make sense to practice your negotiating skills by working together to determine who will pay for mediation in your particular case. A family law attorney with Colorado Divorce Law Group may also be able to help you evaluate your options, so schedule a consultation with a member of our knowledgeable team today by calling (720) 593-6442.