When you are having problems, the avenues of communication can sometimes become so broken down that there can often be no communication at all between parties. This can often cause as many problems as the initial grievance, so trying to open up the channels of communication are vital.
Mediation in conjunction with divorce proceedings in Colorado is an alternative to lengthy and often very expensive court battles. Even when there seems to be no possibility of reconciliation, just being able to talk via an unbiased facilitator i.e. mediator can be helpful and productive. It can also be helpful in organizing items on the table such as house sales, divorce paperwork and children’s needs. In some cases, courts can often order parties to mediation before proceedings are started.
The mediation process involves the two parties of the divorce getting together with a neutral third party to discuss the problems that are causing the impasse. They are then encouraged to talk about those problems and try to find a common ground from which to start. Sometimes both or one party opts to have their attorney present during the mediation in an effort to resolve all issues at mediation, rather than proceeding to court hearing.
If there is tension, or for whatever reason, the parties don’t even have to be in the same room. The way that the mediation is set up and arranged is decided by the parties themselves. They can decide the duration of the mediation, and if they feel that it is no longer working, they can end it.
Benefits of Mediation
There are many benefits to mediation, and this is often why the courts will make parties go through this process first before the court proceedings. It is especially helpful where children are involved, as it gives the parents the opportunity to work out their problems regarding the children’s arrangements, in a better and less stressful environment. This ultimately, benefits the children as well.
The other benefit is that parties can be encouraged to discuss any situation or solution in mediation, without fear that it will be used against them in court. This is because there is a degree of confidentiality in mediation that prevents any such information being shared in court. It gives the parties a freedom that can sometimes lead to a resolution that would otherwise not have occurred.
This does not mean however, that you cannot consult with your lawyer. In some cases it is good to talk through any possible agreements with your lawyer so that and ramifications can be found and dealt with.
The content of this page is for general informational purposes only, and should not be considered advice in your case.