If you’re involved in a divorce or another family law matter in Boulder or the surrounding area, mediation may be an option to resolve your matter. Here, you’ll learn more about mediation. Should you have more questions regarding the mediation process, schedule your consultation with the Boulder mediation lawyers of Stahly Mehrtens LLC.
What Is Mediation?
According to Colorado Office of Administrative Courts, mediation is a way to collaborate with your spouse before the divorce is finalized so that the issues within the matter can be resolved. A mediator is a neutral third-party who does not take sides with either party. Their role is to help the parties reach an agreement regarding the issues that the parties do not on.
Meditation is part of a concept referred to as alternative dispute resolution. With mediation, the agreement on the issues must be reviewed by the judge. The role of the judge is to ensure that the agreement is both fair and equitable.
What Is the Role of the Mediator?
The mediator chosen is not there to give you or your spouse legal advice. If you want to receive legal advice during mediation, make sure that you take your attorney with you. If you attend mediation without an attorney and your spouse attends with an attorney, their attorney is not able to provide you with legal advice.
The role of the mediator is to help empower both of you to come to an agreement on the issues that must be resolved before your divorce is finalized. The mediator does not provide suggestions, and they do not suggest or decide the outcome. The mediator simply helps the spouses explore and discuss their options.
If the spouses cannot get along with each other, the mediator has a number of methods they can use to facilitate the process. This includes having the parties sit in separate rooms. With this method, the mediator goes between rooms to work separately with each party.
The Benefits of Mediation During a Boulder Divorce
There are several benefits for mediation during the divorce process. Some include:
- Mediation costs less than litigating a divorce
- Mediation takes less time than the entire divorce process
- With mediation, each spouse may get at least some of what they want in how the issues are settled versus waiting for a judge to split the assets and debts and making decisions related to children and support
- Mediation is more focused on the children; instead of fighting, you and your spouse can set up a parenting plan that works best for everyone
- You and your spouse can have a more amicable divorce
Topics and Issues for Mediation During Divorce
In divorce mediation, the most common topics and issues addressed include:
- Determining which assets and debts will be classified as separate and which will be classified as marital
- How the marital debts and assets will be split between the spouses
- A parenting plan that addresses child custody, legally referred to as the allocation of parenting responsibilities and time as well as child support
- Spousal maintenance, if necessary