What is mediation and how
does it work?
What are the disadvantages?
What disputes are suitable for mediation?
What do I need to do to have the best outcome in
mediation?
What will I need to bring?
Where are the forms I need?
We are mediating our divorce. Can we complete
all the forms and file our divorce ourselves?
Why do you recommend that we have our agreement
reviewed by an attorney? How will that save us money?
Is the mediator neutral? How can I be sure that you
won’t “take sides?”
Do mediators practice under a code of
ethics?
Still have questions? Contact Us
What is mediation and how does it
work?
Mediation is a confidential, cooperative, problem-solving process, in which
an impartial professional helps people in conflict reach agreements that are
mutually beneficial. As mediators, it is our role to help you identify all the
issues that need to be addressed and resolved, and to assist you in creating
mutually beneficial and practical working solutions to the problems. A mediator
does not impose a solution, but rather assists the conflicting parties in
creating their own agreement. As mediators, we do not represent either party.
Our responsibility is to be neutral and we may not provide legal advice. We
generally meet with all parties together, but in extremely difficult or high
conflict situations we can arrange for the parties to be in separate meeting
rooms. We can create an environment in which you can feel safe and supported as
you resolve your conflict. When an agreement is reached, the parties along with
the mediator will record the agreement in writing. These agreements are
accepted by State and Federal law but we suggest that they be reviewed by an
attorney before they are filed with the court. If the parties fail to reach an
agreement through the mediation process, they still have the option of pursuing
all legal remedies.
MEDIATION IS
- Faster in scheduling and resolution
- Completed in fewer sessions depending on the parties positions and
complexity of the issues at hand.
- Safe. It is a process that balances power and allows both parties to safely
learn about all sides of the issue through the process of respectful
communication
- A process whereby the disputants - not outsiders -create and control the
decisions
- Less costly in time, expenses, and emotions as compared to arbitration or
litigation
- Private and confidential - the disputants decide what information is
revealed. Full disclosure by all parties is required, but unlike a public legal
proceeding, “What is said here stays here.”
- Informal and conducted in a more relaxed atmosphere as compared to the more
formal process of arbitration or trial.
- An opportunity for the parties to create a resolution to the differences
vs. having another decide the outcome.
- A process to support and preserve roles and relationships that can be
damaged in family and parenting disputes; intergenerational conflicts;
workplace disputes; employer/employee disputes.
top
What are the disadvantages?
We believe there are none. Even if the dispute is not resolved the parties
will come away from the mediation better informed and focused on what their
range of options are. Additionally, any partial agreements made can become the
basis of your final settlement, leaving fewer open issues to be resolved by
other means. top
What disputes are suitable for mediation?
Virtually all disputes lend themselves to mediation, but the following are
particularly suitable for consideration:
- complex business litigation
- consumer issues
- family law cases involving divorce, child custody, elder care concerns, and
property issues
- employment and discrimination
- cases involving gender, age or race
- civil rights
- sexual harassment
- legal and medical malpractice
- personal injury
- real estate contract disputes and landlord / tenant
- community conflict – homes associations/home owners
- will contests and estate division
- class action cases
top
What do I need to do to have the best outcome
in mediation?
- Do your homework in advance so that you are prepared with information and
questions about the issues that concern you. Being prepared helps you get to
your concerns quicker.
- Mediation is a good faith process therefore it is essential that all parties
are forthright and truthful with the information provided. This establishes
good faith and allows disputes to be resolved faster.
- Prioritize what's important to you. Look at the whole picture. Don't limit
yourself to one issue. Be aware of what you value most.
- Be patient. Mediation is a process that takes time.
- Focus on the future and be solution focused. While the past may be
discussed, you cannot undo it. Remember, this is the time for you to create
your future and what your resolution will look and feel like. This is your time
to negotiate for ‘best options’ while recognizing the rights and interests of
all parties.
- Rather than focusing on your response, strive to listen carefully. Take
notes. Be certain you understand what is said. Clarify by asking questions of
both the mediator and the other party.
- Avoid confrontational remarks and verbal put-downs. Focus on the problem
instead of on who's to blame.
- Commit to generating solutions. If you say no, offer another reasonable
solution. While you don't have to agree to anything that you think is unfair,
you should consider every proposal seriously -- and sincerely consider how it
can be modified. Is there something else that might make the proposal more
appealing to you?
- Review any documents or information provided during mediation. Be certain
they are clear and complete.
- Use time as your friend. Take time to think about information, discussions
and proposals before reacting or shutting down the negotiations. Commit to
actively negotiate the issues to resolve the dispute.
- Remember, if you don't resolve the dispute, a stranger in a black robe may
be deciding it for you.
top
What will I need to bring?
Please bring any documents or records that are pertinent to the dispute.
In cases concerning divorce and/or child support it is helpful if you can
bring the following information with you to the first mediation session (if you
have problems our questions we can assist you):
- A completed financial affidavit. (Filled out with your estimated post
separation expenses)
- Copies of your 3 most recent pay stubs
- As much information on assets as you can collect. I.e. automobile VIN
numbers, saving, banking and loan/mortgage account numbers, property
descriptions, brokerage statements, appraisals, etc…
- Completed child support worksheet
top
Where are the forms I need?
You can find the appropriate Child Support and Financial Affidavit Forms
at this link: http://www.courts.state.co.us/chs/court/forms/domestic/domestic.htm
Here are some direct links to the most common forms:
Parenting
Plan: http://www.courts.state.co.us/chs/court/forms/domestic/jdf1421.pdf
Financial Affidavit : http://www.courts.state.co.us/chs/court/forms/domestic/jdf1111.pdf
Separation Agreement (with Children): http://www.courts.state.co.us/chs/court/forms/domestic/jdf1115.pdf
Separation Agreement (Without Children): http://www.courts.state.co.us/chs/court/forms/domestic/jdf1215.pdf
Child Support Worksheets: http://www.courts.state.co.us/chs/court/forms/domestic/childsupportguidelines.htm
top
We are mediating our divorce. Can we
complete all the forms and file our divorce ourselves?
Yes, we can assist you with your forms and “walk you through” the
process of filing. top
Why do you recommend that we have our agreement
reviewed by an attorney? How will that save us money?
We make this recommendation in order for you to be confident that all your
legal rights have been protected and so that you can be confident that you have
achieved a balanced and binding agreement. We can recommend attorneys who work
on a per hour basis. Most agreements can be reviewed at minimal expense. top
Is the mediator neutral? How can I be sure that
you won’t “take sides?”
The mediation process depends on the strict neutrality and impartiality of
the mediator. While the mediator may challenge the parties to move off of their
positions or "reality check" with them about the practicality of a proposed
solution, the mediator will absolutely not take sides in the dispute. top
Do mediators practice under a code of
ethics?
Yes, we are committed to practice under the ethical guidelines of The Mediators revised
Code of Professional Conduct and of the Colorado
Model Standards of Conduct for Mediators top
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