Divorce / Post-Divorce

Divorce & Post-Divorce Services

Colorado Mediators & Arbitrators assists families in resolving disputes, both during & after divorce.

Domestic Relations MEDIATION: In Colorado, many courts require couples to mediate contested domestic matters before the judge will hear the case, regardless of whether the couple has retained legal counsel. Mediation is frequently ordered by the court in contentious domestic matters to determine whether agreement can be voluntarily reached before the judge imposes a decision. Download Brochure

Domestic Relations ARBITRATION: CoMA provides arbitration in domestic matters. The parties may select an arbitrator, or the court may appoint an Arbitrator, with the consent of all parties, to resolve disputes concerning the parties’ minor or dependent children, related to parenting time, nonrecurring adjustments to child support, and disputed parental decisions. In domestic cases, an arbitrator acts as a private judge. Unlike commercial arbitration, a Domestic Arbitrator’s award may be challenged through a de novo hearing, allowing the court to retain jurisdiction over the case (see Colorado House Bill 05-1171).

Mediation Benefits

Mediation benefits couples who are represented by attorneys, AND couples who are ProSe, or representing themselves before the courts.

• Mediation allows couples to retain a greater degree of control over the decisions that affect their personal and family lives. Agreements are more creative and can be tailored to address specific concerns of the restructured family.

• Mediation saves time.It is not unusual for a contested divorce to take up to two years to complete in many Colorado District Courts.
• Mediation saves money. While hourly rates for mediation may be similar to what an attorney may charge, the couple generally splits the fee, and the number of billable hours necessary to produce agreement are generally a fraction of the time necessary for litigation of a contested divorce. Agreement is not guaranteed in mediation; however, there is no guarantee of specific outcome in the courts, which is why the court of appeals exists. Some of the most contentious cases are those brought after the divorce is finalized: Post-Decree Disputes. Mediation resolves conflicts while preserving relationships; enhancing the possibility of a more tranquil restructured family life.

Mediator’s Role:

Expectations about the Mediator’s role vary widely; for this reason, CoMA incorporates recommendations of the Colorado Bar Association: Recommended Guidelines Regarding Unauthorized Practice of Law Issues in Mediation, adopted October 7, 2005.

Mediation Process:

Preparation: Participants bring all relevant information and documentation to the mediation session, to effect accurate and complete agreements. Parties are given specific homework to complete between mediation sessions in order to facilitate the timely completion of necessary agreements.

Confidentiality: Unlike legal proceedings which are of public record, mediation is a discreet and private process. It maximizes family dignity in resolving disputes.

Mediated Agreements are Voluntary: Participants cannot be compelled to agree on any issue. Partial agreements may be reached in mediation, leaving any unresolved matters open for the court to rule on.

Legal Advice / Legal Review: Mediators don’t provide legal advice; rather, their role is to generate options for settlement and facilitate clear communication between the parties in order to bring the matter to conclusion. Pro Se Parties are encouraged to obtain Legal Review prior to submitting the Memorandum of Understanding to the court for final orders.

Pro Se Divorce: While CoMA encourages parties to seek legal counsel, it is clear that people make the decision to retain legal counsel or not, based on a variety of factors. An American Bar Association study of self-represented litigants showed:

• Low and middle income earners are more likely to represent themselves
• About 20% of self-represented litigants report they can afford an attorney but choose to represent themselves because they feel they have more control over the process.
• Self-represented persons are more likely to be satisfied with the judicial process than those who are represented by attorneys
• Almost 75% of those who represented themselves in court said they would do it again