How Does Divorce Mediation Work in Colorado?

Mediation is your opportunity to resolve the disputed issues in your divorce on terms decided by you and your spouse, not by a judge who will only receive a snapshot of your positions at trial.  Mediation is also cost efficient and may occur relatively quickly compared to the many months, or years, it usually takes for a divorce to wind its way through the court system.

To make the most of your time during a mediation, you should prepare. Gather any information and documents related to the disputes in your divorce, such as financial records and a list of marital and separate property (with values and amounts). Mediators will ask for this information as part of the initial intake process. It’s also a good idea to think about your goals from the mediation process.

The actual mediation usually follows the same general steps or stages:

• orientation, so that you know what to expect
• “framing” the issues and each spouse’s position on those issues
• exploring solutions to the disputes, and
• negotiating agreements. The mediator won’t give you legal advice or pressure you into any agreement. Instead, mediators are trained to guide you through the process of clarifying the issues, coming up with possible solutions, and negotiating compromises.

Mediation in Colorado is confidential. No one—not you, your spouse, or the mediator—is allowed to disclose to anyone (even a judge) anything that was said or any written material shared as part of the mediation process, even to a judge. There are a few exceptions to this rule, including:

• any written agreement signed by both spouses
• when both spouses and the mediator consent to disclose the information
• any statement or writing that reveals a spouse’s intention to commit a felony, injure someone, or threaten a minor child’s safety, and
• evidence that must normally be shared as part of the legal “discovery” process, such as financial statements.

James W. Giese is a trained mediator with 36 years of experience in handling divorce cases.  Jim can assist you in the mediation process, with the goal of reaching compromise on disputed issues, saving you the time and expense of prolonged  court hearings, and avoiding the uncertainty of placing your case in the hands of the court.