According to the Department of Justice, divorcing couples who pursue mediation are generally better educated than those who seek litigation. This should come as no surprise, as mediation offers clear and obvious benefits that intelligent people can easily identify. Once a spouse understands the benefits of mediation, they may feel convinced that this is the most appropriate way to end their marriage. That being said, divorce mediation is not for everyone – and it may make sense to discuss unique family dynamics before choosing this route. Continue this conversation with an experienced Colorado divorce mediation lawyer by calling Johnson Law Group at (720) 445-4444.
Divorce mediation is a form of alternative dispute resolution (ADR) that occurs outside of court. Although many spouses assume that all divorces lead to trials, this is not true. Television and film give the impression that all divorces lead to dramatic courtroom confrontations, but in reality, most spouses settle their disputes in private. During these private negotiations, spouses will typically agree upon how to handle child custody, child support, spousal support, and property division. The process is led by a “mediator” – a specially trained individual who encourages spouses to compromise in a neutral, unbiased manner.
The foundation of divorce mediation is contract law. After spouses agree on all aspects of their divorce, they put these agreements into writing. The end result is a “divorce agreement.” Spouses might also hear interchangeable terms like “settlement agreement” or “divorce settlement.” Once they finalize this agreement, their lawyers can present it to the family court during a routine hearing. If the judge approves the contract, it becomes legally binding – and no trial is necessary.
One of the key benefits of mediation is its confidentiality. A standard divorce trial is public, which means all of its details become available to the public. This prospect is concerning to numerous spouses, especially those who want to keep embarrassing details out of the public record. Much can happen during a marriage, and various incidents could be discussed during a divorce trial. These might include adulterous affairs, substance abuse problems, mental health crises, and much more. Even if there are no embarrassing details, a divorce may explore certain financial details that spouses want to keep private. Some may value confidentiality more than others, including celebrities, business leaders, local politicians, social media influencers, and anyone else with a public persona.
Divorce mediation maintains privacy in a number of ways. First, the negotiations occur behind closed doors with only a few people present. These may include the mediator, both spouses, lawyers, and certain experts. Secondly, everyone who participates in these discussions must sign non-disclosure agreements. If anyone breaches these contracts, they could face financial penalties. These safeguards ensure that what happens in the negotiation room stays in the negotiation room. To learn more about mediation confidentiality agreements, contact Johnson Law Group.
Although celebrities and business leaders may find the confidentiality of mediation attractive, lower-income individuals may place a greater emphasis on the affordability of this ADR method. A standard divorce trial generally requires higher legal fees compared to mediation. This is mostly due to the time-consuming nature of trials, and it is not uncommon for a litigated divorce to drag on for years. The longer a divorce takes to finalize, the more spouses will pay in legal fees. Many lawyers charge by the hour, and it makes sense for budget-minded spouses to keep their involvement to a minimum.
While a litigated divorce could take years to resolve, spouses can wrap up the mediation process in a matter of weeks. This is especially true if spouses are willing to compromise and negotiate in good faith. In fact, they can carry out preliminary discussions before ever involving lawyers and mediators. If spouses meet in private and hash out the basic details of their divorce before engaging in the formal mediation process, they may create their settlement agreement in a highly expedient manner. Although saving money is a priority for many spouses, others choose mediation simply because they want to move on with their lives as quickly as possible.
Mediation is a highly flexible process, and spouses can create agreements that would not be possible in a courtroom setting. In contrast, a divorce trial is limited by various rules, procedures, and calculation formulas. At the end of the trial, the judge makes the final decisions – and these decisions are legally binding. Some choose mediation because they are not comfortable with handing over decision-making authority to a judge who has spent only a few minutes reviewing their family history before trial.
A divorce agreement may supersede Colorado law. For example, a spouse may be guaranteed spousal maintenance in Colorado under the Advisory Maintenance Guidelines – but they could theoretically forfeit their right to this type of support through mediation. They may do this in exchange for another benefit – such as a greater share of the family home or sole ownership of a vehicle. Spouses can trade assets, buy each other out, and engage in all kinds of creative financial deals during mediation. A mediator can only “suggest” outcomes – and they cannot issue legally binding orders in the same way as a judge. Spouses are free to reject or accept these suggestions during mediation.
With a keen understanding of the benefits of mediation, spouses may feel like this is the only viable choice. However, it is important to understand that there are other options. Aside from litigation, there are other types of ADR strategies to consider – including arbitration and collaborative law. To determine whether mediation is truly the most appropriate choice, consider discussing specific goals and priorities alongside an experienced Colorado divorce lawyer. Not only can these legal professionals help spouses assess potential strategies, but they may also guide spouses through the mediation process from start to finish. To learn more about the benefits of mediation, consider calling Johnson Law Group at (720) 445-4444.
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