How Does Mediation Work in Colorado?

Mediation can be a very useful tool in a variety of legal cases. It is a faster, less expensive, and more private way to settle a case outside of a Colorado courtroom and without a judge or jury. Family law mediation requires that both parties in a case be willing to participate in mediation and that a third-party, professional, and unbiased facilitator be present to encourage negotiations and compromises. This person is called a mediator. Many law firms provide mediation services.

What Is Mediation?

For mediation to work, the mediator must be an impartial and unattached third party to those involved in a family law dispute. This means that a mediator must not show prejudice or favor toward either party. Instead, they must facilitate a fair and objective environment without applying any personal emotions or opinions to the situation. These are similar to the qualities required of a judge, but unlike in a courtroom setting, the environment in mediation is relaxed and nonthreatening in hopes that the parties will feel more comfortable within the informal setting, free from pressure or vulnerability. A mediator works with the involved parties and encourages them to negotiate toward compromising and coming to an agreement on the issues of their case. Furthermore, unlike a divorce attorney, a mediator is available to both sides, which is the fundamental reason it is essential for them to remain neutral throughout the process.

Another characteristic of mediation is that it allows the involved parties to select their mediator based on their communication styles and emotional needs. Families participating in mediation can select a mediator who possesses certain traits or has a specific focus area.

Choosing a Mediator

When hiring a mediator, it is important to choose someone who is familiar with the area of law your case pertains to. For instance, in divorce mediation, a mediator who is familiar with family law will be the ideal choice to serve your needs because they have mediated cases similar to yours and possess extensive knowledge of the laws that apply to your case.

Choosing a mediator who uses a particular style of mediation, or exhibits a personality type that suits your family, may also be relevant to the betterment of your situation. In some circumstances, choosing a mediator based on a certain personality type or character trait can facilitate an ideal environment for easier negotiations and a smoother process. These are important factors to consider when selecting a mediator because, ultimately, the mediator’s effectiveness is crucial to the success of the process.

Memorandum of Agreement (MOA)

Once the collaborative mediation is over, and the parties are in agreement, a MOA must be submitted to the court. An MOA is a written statement that expresses the terms agreed to in mediation. It must be signed by both parties. Pending approval, these will be your Colorado court-ordered divorce terms once they are accepted by the court. A judge must review the terms of your MOA, even if you and your spouse have already agreed to them. The state still has a responsibility to ensure that the interests of any children involved are upheld in your agreed-upon terms.

90-Day Wait Period for Colorado Divorce

Colorado requires a 90-day waiting period from the date one party files the petition, but mediation can take place during this period if necessary. Once the time has passed, if your MOA looks good to the courts, the judge will sign off on your court-ordered divorce.

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