Most people picture divorce as a courtroom. You, your spouse and a judge who will rule on how your life and your finances will look. But in Colorado, the courts expect divorcing parties to put forth their best effort at mediation first. This is a good thing. Mediation can save you the money, time and conflict that contested hearings can bring. So how does divorce mediation differ from a court hearing?
What This Post Covers: How divorce mediation differs from a court hearing in Colorado, including control over the outcome, cost, speed, conflict and privacy, plus answers to common questions about mediation.
5 ways mediation is different from a court hearing
1. Mediation gives you more control over the outcome. In mediation, there is no judge (or jury, for that matter) to rule on your divorce. Instead, you and the other party meet with a neutral mediator to work toward an agreement on everything from parenting time and child support to maintenance (alimony) and how your assets and debt will be divided. This doesn’t mean you’ll find the agreement to be perfect and get everything you want — there will be compromises — but you and your spouse will shape an agreement you are both satisfied with. That beats having an agreement put upon you by a judge who isn’t as familiar with your family. You can even be more creative than a court order would allow.
2. Successful mediation costs less than going to court. Mediation typically lasts at least half a day. But even if it runs long, it costs significantly less money than the court process. Consider that opting for a permanent orders hearing means costly preparation that includes subpoenas, expert testimony, exhibit books and a lot of attorney time.
3. Mediation is a faster path to finalizing your divorce. Courts are busy and your permanent orders hearing will be scheduled at their convenience without your say. Mediation typically allows the divorce process to wrap up sooner than waiting for a hearing because the mediator works with your and your spouse’s availability. Even if you don’t come to an agreement on every detail of your divorce during mediation, reaching a partial deal narrows what’s left for the judge to decide.
4. Mediation is less adversarial. Mediation is more cooperative than a contested court hearing, which is especially important if you will co-parent or stay connected after divorce. Instead of being pitted against each other in court with each side trying to “win,” mediation allows you to problem-solve together, which can make co-parenting smoother.
5. Mediation is private. Hearings happen in open court, out in public. Mediation is a closed-door conversation in a private office or online. It allows everyone to speak candidly because offers, discussions and mediator notes are typically confidential and inadmissible in court.
Mediation has real advantages, but mediators don’t give legal advice. Even when your mediator is an attorney, they can’t advise either side. They are there to help you both reach an agreement. At Andersen Law PC, our mediators help you prepare for mediation, understand each step and stay focused on a resolution. We want you to feel supported throughout the process, so we will meet with you as many times as it takes and coach you through completing legal forms after you reach an agreement.
For your free consultation on Colorado mediation in divorce, other family law, probate and landlord-tenant cases, call 720-922-3880 today.
FAQs
Is mediation required before a divorce hearing in Colorado?
If your divorce is uncontested, Colorado courts generally expect parties to try mediation before a contested permanent orders hearing. Requirements can vary by judicial district and judge, and exceptions exist. Your attorney can tell you what applies in your case.
Is what I say in mediation confidential?
Colorado law generally protects mediation communications as confidential, which usually means they can’t be used as evidence in court. Exceptions exist, so ask your mediator what is and isn’t covered before you begin.
Can a mediator give me legal advice?
No. Even when your mediator is an attorney, they can’t advise either side. Their role is to help you both reach an agreement. A separate consultation with your own attorney can help you understand your rights.
What happens if we can’t agree on everything in mediation?
A partial agreement still helps. Anything you settle narrows what a judge has left to decide at a hearing.
How long does divorce mediation take?
Mediation often takes half a day or more, depending on the issues involved and how far apart you and your spouse are.
