The Benefits of Mediation in Colorado Springs Family Law Cases
As an alternative to litigation, family law mediation offers several benefits. First, and perhaps most importantly, it can save both parties time and money by eliminating the need to go to court. The parties may also spend less by sharing the costs of one mediator instead of having two attorneys litigate every issue in their case.
Second, because it is confidential, the parties are free to speak openly and honestly about their issues and how best to resolve them. Neither need be concerned that their information will be shared with people outside this process.
Third, mediation occurs in an informal setting, such as a lawyer’s office or conference room, rather than a public courtroom. This enables parties to keep their personal and financial affairs private and out of the court record. Additionally, mediation can alleviate a substantial amount of stress, allowing parties to make healthier, more objective decisions for themselves and their family. Because each party has a hand in the decision-making process, individuals may feel more satisfied and at peace with these results versus having a judge hand down a decision that might not be in the family’s best interests.
Finally, when parties can resolve matters by agreement, they have a better chance of maintaining a civil relationship after their case is over. This is particularly important if a divorcing couple shares children. A caring Colorado Springs attorney could explain how mediation may be beneficial in a particular case.
Is Mediation Required?
Under Colorado Revised Statutes §13-22-311, judges may refer any case for mediation if they deem it appropriate. In many state courts, mediation is mandatory for family law disputes. Some parties may be required to attend more than one session before proceeding to a contested hearing or trial.
One exception to compulsory mediation is if one party has been physically or mentally abused by the other. In that situation, a judge could excuse the abuse victim from this process. However, absent a judge waiving mediation, a party who is ordered to participate but fails to comply could be found in contempt of court. A practiced Colorado Springs attorney could help determine whether mediation will be required in a specific case and, if so, what a party may expect during the process.
