Mediation is a way to resolve legal disputes with the assistance of a neutral, third party. This is a process used to settle the issues of divorce and family law and to reach legal agreements that focus on individual and mutual goals. If you are about to proceed with a divorce, a Denver divorce mediation service offers a good alternative to resolving disputes and avoiding prolonged litigation. The process is not exact, perfect, or by any means a guarantee, but it is a viable option for you to consider. Mediation does require both negotiation and compromise. The attorneys of Hulse Law Firm are experienced divorce mediators in Denver, CO and will work with you to determine if this is a suitable method for your case.
Mediation can be a more cost-effective and efficient way to reach a resolution in a dispute. It can get quite expensive for attorneys to prepare a case for a hearing. Some of the costs include gathering additional discovery, interviewing potential witnesses, issuing subpoenas, preparing exhibits, preparing clients for testimony, court appearances, and attending the trial itself.
If parties can resolve their issues in a mediation session, both parties generally save money and preserve more of the assets they are litigating for in the first place. Parties not only save in costs, but in time too! A contested case can last for many months. A mediated agreement can be drafted and finalized fairly quickly during a mediation session.
Confidential and Non-Binding
Generally, offers made during mediation sessions are kept confidential from the public and the Court. There are certain, limited exceptions to this rule, but the confidentiality of mediation is for the benefit of the parties. If both parties believe their offers will not be used against them, they may be willing to be more flexible and creative with their discussions in an attempt to reach a resolution. This flexibility and creativity often leads to agreements that both parties can feel satisfied with, and one that would not otherwise be ordered by a judge. It is important for both parties to enter mediation with a certain amount of openness to reach a resolution.
Mediation is also non-binding on the parties. This too, can encourage parties to operate without fearing the outcome of mediation and it increases the possibility of reaching a settlement. Once an agreement is put in writing and signed by the parties, it is no longer confidential. It also may, or may not, be binding once it is put in writing.
Another advantage of mediation is that the process is managed in the privacy of an office, not in a public courtroom setting. Also, when mediation reaches a respectful resolution there is usually much less damage to the relationships of those involved.
Control of Parties
If parties can voluntarily enter into an agreement and reach a full financial settlement without needing a judge to divide assets or order maintenance, there is generally less need for enforcement measures to be taken afterwards. Parties that have a personal stake in an agreement are more likely to be co-operative.
When parents reach an agreement regarding parenting time, this is usually a better solution for the children than the one that is ordered by a judge. A judge may get to know the parents or those involved for a few hours during a final hearing, but the parents are generally in a much better position to know what is best for their children when crafting a parenting time schedule.
If parents are able to reach time-sharing agreements, there often is much less conflict between them as parties, or co-parents in the future. This is especially important for parents who will likely remain connected to each other for the rest of their lives for the benefit of their children.
Divorce Mediation in Denver, CO
The mediation process takes highly skilled legal expertise. When this concept works, it can help all those involved move forward and focus on the future in a more positive way. Hulse Law Firm recognizes that divorce and family law matters are not easy to resolve. We provide mediation services at a reasonable rate and always maintain a strong commitment to the best interests of the client, no matter how tough the negotiations can be. Meet with us to discuss Denver divorce mediation services and decide if this would be a good option for you.