What are the Benefits of Mediation?

If you are facing a difficult separation, you may have contemplated mediation as a way to resolve your divorce, legal separation or allocation of parental responsibilities case. Obviously, I'm a fan of this as well.

Once you know what mediation is and what it is not, the next step is to weigh out the pros and cons of trying mediation as a means of dispute resolution. Here you can find a list of the ways that mediation can be beneficial to you, the other party and your children (if applicable):

Mediation is cheaper than litigation

An average hourly rate for a family law attorney in Colorado can vary from about $250-$500 per hour. This does not include Court costs, administrative fees or hourly rates from support staff. Going through litigation with counsel is undoubtedly expensive and not always accessible. Hourly rates for mediators are significantly lower. In addition, if you are able to come to an agreement on all the issues, you will have a lower overall cost by attending mediation versus litigation.

Mediation is friendlier

Going through a separation is never fun and sometimes it can bring out the worst in us. It is impossible not to be emotional during the process. But if the parties are able to put their differences aside for the sake of coming to resolution, the tone is much less adversarial. You may not leave the meeting the best of friends, but chances are you will come to peace between you much sooner after mediation than Court.

At mediation, you feel heard

Mediation is a process of dispute resolution. The only way to effectively come to an agreement that both parties can live with, it is imperative that both parties have their opinions and needs heard. In mediation, both parties will have the opportunity to speak to the mediator to express offers, counteroffers and come up with creative solutions that meet the needs of all involved best as possible.

If resolution is met at mediation, future litigation is less likely

When both parties feel heard and their needs are met, they are more likely to attempt the same kind of problem-solving together in the future. Mediation can build trust again where it may have been splintered in that one party reaches out a hand and says "If you A then I promise to B." There is not a winner or a loser in mediation. Rather, we take elements of everyone's needs, wants and the logistics and come up with a whole new concept that works. Ideally, a win-win.

Mediation is Court-Ordered

In Colorado if you are going through a divorce, legal separation or allocation of parental responsibilities matter, the Court will require you to attend mediation at least twenty-one days prior to the final hearing in your case (unless there is a restraining order). That being said, it is worth exploring mediation since you may end up attending mediation later anyhow. However, I recommend highly that you wait until at least your financial disclosures are completed and any valuations have been completed before attending mediation for the most accurate accounting of the marital estate.

You don't leave it up to the Judge

The biggest benefit of mediation is that you leave the future of your assets, debts, house and time with your children in your and the other party's hands rather than leaving it up to a Judge or Magistrate. Judges and Magistrates are incredibly intelligent and educated individuals, but they are also ultimately human. They make errors, they may hold unintended biases, and they can have bad days. Your case is only one of thousands they will see in a year. It's not that they don't care, but they are trained to see family law cases under an analytical lens.

Sometimes litigation is inevitable and unavoidable. Likewise, sometimes attorneys are necessary to weed through complex issues. But if you are simply looking to untangle things and find something that works, I highly recommend giving mediation a try!