When it comes to divorce in the Centennial State, not every case has to go through litigation. Mediation is another viable option. Divorcing couples might find this more beneficial than settling their differences in court.
In mediation, both parties can represent themselves and articulate what they want, and a neutral mediator facilitates the process. Each person can get an attorney for legal advice, but it is not a requirement.
If there is a history of emotional or physical abuse between spouses, divorce mediation in Colorado is not permitted by the state law. But dissolving a relatively healthy marriage through this informal method can render the process less costly.
Apart from keeping the costs of divorce to a minimum, here are the other benefits of meditation that many Coloradans do not appreciate enough:
In litigation, a divorce case can take longer to finish because the schedule of proceedings depends entirely on the court’s calendar. But in mediation, the series of sessions can be arranged according to the liking of each party and the mediator.
The scheduling flexibility alone allows both spouses to resolve essential matters more quickly. The process can move forward in each party’s time, giving everyone the opportunity to lessen the agony of ironing out essential issues, including child custody and property division.
Furthermore, the outcome lies in the hands of both parties. No judge will dictate what one party shall receive and what the other has to give up. Nobody has to win at the expense of the other spouse.
When both spouses are prepared to make concessions, mediation can make divorce a less painful experience.
Another beauty of taking the mediation route is that all discussions are kept in privacy. Everything that goes into this process is entirely confidential, protecting the interests of everyone involved.
A courtroom battle is different. While divorce documents can be filed under seal upon the request of one or both participants, the judge has the final say whether it will granted or not.
Usually, a judge only grants a motion to seal divorce information when the perceived harm to be caused by its disclosure outweighs the public’s right to open court records. Since mediation is a series of private sessions, both parties can keep the rest of the world from knowing about the agreements made through it.
In mediation, both parties get to talk about contentious issues in an atmosphere of mutual respect. A trained mediator can help everyone engage in productive discussions even when emotions are running high.
An amicable resolution to dissolve a marriage can lay the groundwork for a positive relationship between spouses post-divorce. This matters when both spouses have to stay in contact to co-parent their kid or children.
In the end, divorce mediation is not for everyone and might not appease both parties. But then again, the same can be said about litigation. Intervention can be the better direction to take, especially when minimizing the overall cost of dissolving the marriage is high on each party’s agenda.