Is Mediation a Good Idea in Divorce?

Mediation is a process that allows divorcing couples to work together, with the help of a neutral third party, to address the terms of their separation. It is often encouraged by the courts as an alternative to a contentious courtroom battle.

At Anderson Graham, LLC, we guide clients through various family law matters, including divorce mediation, to help them find a practical and amicable resolution. Located in Denver, Colorado, we serve clients throughout Denver, including Lakewood South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge. Call today to schedule a consultation.

Now, let’s explore whether mediation might or might not be the right path for your divorce.

What Is Mediation?

Mediation is a voluntary and collaborative approach where both parties (spouses, parents, or otherwise) work with a mediator to resolve issues like child custody, property division, monetary support, and realistically any other matter parties run into during divorce or child custody matters. Unlike a judge in a courtroom, the mediator doesn’t make decisions but facilitates constructive dialogue between both parties. 

Colorado law encourages mediation, especially in family law cases. The court may even require mediation before allowing a case to proceed to trial. This is because mediation can save time, reduce costs, and help couples maintain a level of civility that benefits their families. 

Understanding the basic principles of mediation can help you determine if it aligns with your needs.

The Benefits of Mediation in Divorce

Mediation has several potential benefits compared to traditional divorce litigation:

• Cost-effective: Mediation is often less expensive than going to court since it avoids prolonged legal battles and court appearances. This makes it a good option for couples who want to save money without sacrificing fairness.

• Faster resolution: Sessions are scheduled based on mutual availability, which can expedite the process. Couples who value efficiency may find mediation especially appealing.

• Control over outcomes: Couples maintain more control over decisions instead of leaving them in the hands of a judge. This personalized approach often leads to agreements that better reflect each party’s needs.

• Privacy: Mediation is a private process, unlike court proceedings, which are typically public. This confidentiality can reduce stress and protect sensitive family matters.

• Improved communication: The process encourages cooperation and can set the tone for future interactions, which is especially important for co-parenting. Learning to communicate with each other effectively during mediation can benefit both parties in the future.

  It is also important to highlight Anderson & Graham rarely engages in mediation that is face to face with the other side and will only do so if the client wishes. That is because it is most often not fruitful and causes emotions to play an unnecessary role in the mediation process.

By considering these benefits, couples can assess whether mediation offers a practical way to reach agreements without escalating conflict. However, it’s equally important to understand the limitations.

The Challenges of Mediation

While mediation offers many positives, it is not without its challenges:

• Power imbalances
  If one spouse holds more financial or emotional power, it can create an uneven dynamic. This can make it harder for the less dominant party to advocate for their needs during the process.

  This dynamic can be seen in emotional response to situations, as well. That is why it is extremely important for you to remember you do not have to reach an agreement in mediation, but you should listen to see what all their complaints and argument are and keep an open mind as you otherwise prepare for a potential hearing.

• Limited scope
  Mediation may not resolve cases involving domestic violence or uncooperative parties. In these situations, the legal protections of a courtroom setting may provide a safer and more equitable resolution.

• No legal advice
  Mediators don’t provide legal advice, so each party must have their own attorney who can ensure that the terms of the agreement are fair and legally sound.

Couples must weigh these challenges carefully before committing to mediation. If these issues resonate with your situation, a court hearing might be better.

Who Should Consider Mediation?

Mediation works best for couples who are willing to compromise and communicate. It’s ideal for those who:

• Want to minimize the emotional toll of divorce on their family: Reducing conflict can make the transition smoother for everyone involved, especially children. Mediation encourages respectful dialogue that can preserve important relationships.

• Share a desire to save money and time: Mediation avoids lengthy court battles, which can drain both financial and emotional resources. Couples often appreciate the efficiency and lower costs associated with this approach.

• Are open to discussing their priorities openly and honestly: Transparency during mediation can lead to better outcomes that meet the needs of both parties. Open communication also builds trust, which is essential in reaching agreements.

• Have relatively equal bargaining power: Mediation tends to be more successful when both parties can negotiate on an even footing. Balanced discussions mean that no one feels pressured into accepting unfair terms.

Couples in these circumstances often find mediation to be more productive. For those with unresolved safety concerns or an unwillingness to cooperate, court intervention might provide better safeguards. 

Divorce Mediation FAQs

Here are some frequently asked questions about mediation we’d like you to know the answer to:

• Do I still need an attorney during mediation? Yes, an attorney can ensure you understand your rights and responsibilities. They can also help you evaluate proposed agreements to make sure they align with your long-term goals.

• What happens if we can’t agree during mediation? Unresolved issues will move to court, where a judge will decide. This transition may involve additional costs and time, so it’s beneficial to resolve as much as possible during mediation.

• Is mediation legally binding? Agreements become legally enforceable once they are signed and approved by the court. You must carefully review the terms before signing to avoid future disputes.

• How long does mediation take? This depends on the complications of the issues and the willingness of both parties to compromise. On average, it can take a few weeks to several months to finalize agreements through mediation.

• What if my spouse isn’t honest about finances during mediation? Your attorney can help uncover hidden assets through discovery or financial disclosures. Accurate financial information is critical for fair agreements, and attorneys have the tools to address these challenges.

What to Expect During Mediation in Colorado

Mediation typically begins with both parties meeting the mediator to set goals and outline the process. The mediator will facilitate discussions to identify common ground and areas of disagreement. Sessions may be held in person or virtually, depending on what works for everyone involved.

Mediation focuses on identifying solutions that meet both parties’ needs. For instance, a couple might negotiate a parenting schedule that accommodates work commitments while prioritizing the best interests of the children.

Couples can often resolve their divorce amicably by staying engaged and flexible. If mediation reaches an impasse, there’s always the option to proceed with litigation.

Is Mediation Right for You?

Mediation can be a powerful tool for many divorcing couples, but it’s not a one-size-fits-all solution. You can make an informed choice by carefully considering your circumstances.

In our experience, mediation has helped many families transition into a new chapter with less conflict. At Anderson Graham, LLC, we offer guidance and support for those considering mediation. 

Reach Out for Counsel Regarding Mediation

At Anderson Graham, LLC, we are dedicated professionals who bring a passion for law and commitment to justice to every case we handle. We serve clients throughout Denver, Colorado, including Lakewood, South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge. If you want to explore whether mediation suits your situation, our experienced family law attorneys are here to help. Call today to schedule a consultation.