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Is Family Law Mediation the Right Choice for You?

Posted on in Mediation

Denver divorce mediatorsOne of the most common misconceptions about divorce and other family law issues is that it is almost always an adversarial process, with spouses or parents pitted against each other, battling over who will get custody of the children, the family home, the most assets, and more. Although there are cases where there is a high level of acrimony present, the truth is that more and more couples are turning to mediation instead of traditional litigation as a way to come to a more peaceful resolution of their issues.

Mediation Versus Litigated Divorce

In a traditional, litigated divorce, both spouses retain their own divorce attorneys. The spouses, through their attorneys, will try to come up with an agreement for a number of issues, including:

  • The allocation of parental responsibilities, including parenting time schedule and decision making
  • How the couple’s assets and property will be divided
  • How the couple’s debts will be divided
  • If either spouse is entitled to spousal support

Since the negotiation strategy of each party is usually antagonistic, pitting one party against the other in what is often already an emotional process for the couple, reaching an agreement for all these issues may not work and the couple ends up in family court where a judge then makes the decisions for them. The cost of a litigated divorce can run into tens of thousands of dollars, between interrogatories, depositions, hearings, and attorney fees.

The mediation process is anything but adversarial. Instead, both parties come to the table committed to resolving their disputes in a cooperative way, working with a non-attorney mediator who is completely neutral. There are no attorneys present at the mediation sessions. The parties communicate directly with each other, with the guidance of the mediator. This allows the parties to control the discussions, rather than attorneys and judges.

Each mediation session is no longer than three hours. There is no pressure on either party to come to a decision they are not ready to make. Instead, the atmosphere is kept relaxed, with the mediator encouraging the parties to brainstorm and cooperate in coming up with solutions together.

Benefits of Mediation

There are a variety of benefits to choosing mediation over a traditional divorce process:

  • The cost of mediation is usually significantly lower than a litigated divorce.
  • The parties have more control over the outcome of the negotiations and final agreement.
  • The parties have more control over the timeframe on how the mediation proceeds. In a litigated divorce, the couple is at the mercy of the court’s schedule, as well as each attorney’s schedule.
  • There is less stress in mediation than a litigated divorce.

Another crucial benefit that many couples discover in mediation is that the methods of cooperation and communication they learn in the process can easily be applied in co-parenting together, something many couples have a difficult time doing after contentious divorce litigation.

Contact a Douglas County Mediator for Assistance

If you have a family law issue and would like to learn more about mediation and how it could benefit your situation, contact Pesch Law Office PC to schedule a consultation with a compassionate and dedicated Denver family law mediator. In addition to family law issues, our mediators also work with clients to help resolve HOA claims, neighbor conflicts, property disputes, property management issues, and small claim matters. Call our office today at 303-567-7922 to schedule a private consultation and find out how we can help.

 

Sources:

https://www.courts.state.co.us/Administration/Section.cfm?Section=prepmed

https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=15

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