There are a number of questions that persons may have about the mediation process in Colorado. Here are some of the most common questions that are asked.
What Are the Benefits of Mediation?
In mediation, the parties involved are not trying to impose their view, or their desires on the other person. Rather, they are focusing on their real concerns and interests, and are trying to understand the other party’s concerns with the help of a mediator who is completely neutral. Your mediator has no interest in helping the other partner against you. The mediator is only interested bringing both of you to a settlement that reflects your concerns, and doesn’t involve an unnecessary compromise of your interests.
Is the Mediation Process Conducted in Separate Rooms?
Ideally, the mediation process is conducted in the same room to avoid the adversarial environment that can be the modern divorce court. If there is the need for individual discussions, then there may be a break in the meeting, and the mediator will discuss the issues with each party separately. Alternatively, the parties can be situated in separate rooms where the mediator goes from back and forth with the parties without the other party being present. Whatever you confide with your mediator during these individual meetings, will never be shared either with the other party, or the court, unless you expressly permit it.
Do I Have To File a Court Case First before Mediation?
Many persons are under the misconception that mediation is a process that is complete and separate from the court process. You can begin the mediation process even before you file a court case. You can also begin the mediation process while the court process is on. However, for any of the decisions that are made during the mediation process to be binding on you, a court case must be filed. That’s because the decisions that are arrived at during the mediation process are legal and unenforceable, and for this, it is necessary to get the courts involved.
Are the Decisions Made by the Mediator Binding on Me?
Mediation is not a process by which a third-party will make decisions for the two of you based on your discussions. The mediator does not have power over you or your spouse, and will not make any decisions for you. The mediation is not like a court hearing. You do not have to make your case, and there is no need to persuade the mediator as you would persuade a jury or judge. Therefore, there are no decisions that are made by the mediator that you have to accept.
Is What I Have Said during the Mediation Process Admissible in Court?
Mediation is, by nature, a confidential process. You are encouraged to discuss all of the issues involved, and you can rest assured that those issues will not be brought up in court. Confidentiality is a crucial aspect of the mediation process. The court is only interested in whether the parties engaged in mediation, and whether they participated in the proceedings. The mediator will not be ordered to testify in court. Therefore, all of what you say, explain or discuss during the mediation process is completely confidential.
Is Mediation Expensive?
Mediation is not a free service, and there are charges applicable. Typically, these rates are calculated on an hourly basis. The cost of the mediation may be split between the parties.