Answers to Common Denver Divorce Mediation FAQ’s

Uncontested Divorce Mediation

Posted February 15, 2023

While going through a divorce can be extremely difficult, this process can be made even more stressful if a lengthy, contentious court battle is involved. Some couples may even put off initiating divorce proceedings because they are afraid of the costs associated with going to court and the potential emotional toll lengthy court proceedings can take on the family, particularly if children are involved. If this is the case for your and your spouse, you may want to consider choosing divorce mediation instead. 

Mediation allows couples to work together to take control of their own lives and make informed decisions about their future for themselves without the intervention of a judge. This process is often quicker and cheaper than going to court, helping couples to dissolve their marriage in a simpler matter. However, if you and your spouse are starting the process of getting divorced and you are unfamiliar with mediation, you may find yourself wondering what mediation involves and how you will know if it is right for you. To help you make this important decision, here is a look at answers to some of the most frequently asked questions we receive about Denver divorce mediation. 

What is Divorce Mediation?

If you are unfamiliar with the process, the first thing you may find yourself wondering is what exactly Denver divorce mediation is. Simply put, mediation is a process for divorcing couples in which they negotiate the terms of their divorce with the assistance of a mediator (usually a divorce attorney). Mediation provides a non-adversarial alternative to traditional courtroom litigation that allows couples to work together to reach an agreement when filing an uncontested divorce without court intervention. 

With the help of a neutral third-party mediator who uses dispute resolution techniques, couples can use mediation to avoid the courtroom altogether, allowing them to dissolve their marriage in a manner that is mutually beneficial to both parties. Once all terms of the divorce have been agreed upon, a Denver divorce attorney can even help with the process of filing all papers with the court. The mediation process is then much simpler, cheaper, and quicker than a contentious court battle, making it a better alternative for couples who are willing to work together to peacefully end their marriage. 

What Are The Benefits of Mediation?

As we previously mentioned, the main reason many couples choose Denver divorce mediation over litigation is that it provides a simpler alternative to a prolonged court battle. However, there are many reasons why couples may choose divorce mediation. Some of the benefits mediation can provide include:

• It saves time, allowing you to start the process of healing and moving on.
• Mediation gives you more control to make important decisions that will affect your life.
• It benefits children by reducing the conflict associated with a lengthy court battle.
• Mediation allows couples to proceed at their own pace without the time constraints of court proceedings, providing flexibility during a difficult and emotional time. 
• Mediation can save a significant amount of money compared to litigation.

If you and your spouse are willing and able to work together to reach an agreement that is satisfactory to both parties, mediation can provide a simpler alternative to litigation.  

Is Mediation Required in Colorado?

As a Colorado resident, you may have heard friends or family members claim that they were required to go through mediation when getting divorced, and you may now find yourself wondering if that is true. Does Colorado require couples to attempt mediation before proceeding to court hearings? The answer to this question depends on where you live, as many, although not all, Colorado courts require mediation before any contested divorce process proceeds to litigation. While it may seem odd that you would be required to work with a mediator as part of your divorce proceedings, starting with mediation early in the divorce process can help you and your spouse to come to agreements on various issues amicably without the intervention of a judge, making mediation mutually beneficial for not only the couple going through the divorce but also for courts who may be overwhelmed with other cases. 

Are There Situations Where Mediation Should be Avoided?

While Denver divorce mediation can provide couples with many benefits and it is often a preferred option to litigation, this process is not suitable for everyone. Mediation likely should be avoided in cases where: 

• There is domestic violence.
• There is a significant imbalance of power between the two parties.
• Medical or mental health issues or substance abuse affect a spouse’s ability to participate in the mediation process.
• Either party has a history of manipulation or deceit that may cause concern that they will be honest and provide accurate information.  

If either spouse is concerned that any issues are at play that could make mediation an ineffective solution, it is important to talk to a Denver divorce attorney to see if litigation may be a better/safer option. 

What Happens if Mediation Fails?

While Denver divorce mediation is often a preferred option to court proceedings as it allows couples to peacefully come to a resolution that works best for all parties involved, the fact is that mediation is not for everyone. In addition to the circumstances mentioned above that are not conducive to mediation, mediation sometimes simply fails to work if a couple is not able to set aside their differences and work together to dissolve their marriage. In this case, the divorce would have to proceed to court, and a judge would make final decisions for the couple. This often happens when a couple is going through a particularly contentious divorce and they are unable to negotiate the terms of their divorce peacefully. However, working with a mediator to avoid going to court is ideal, as court proceedings can take an emotional and financial toll on both parties as the court process can drag on for several years. 

Contact a Divorce Mediation Attorney in Denver Today

Choosing divorce mediation provides you and your spouse with a simpler, quicker, and cheaper alternative to litigation that will allow you to dissolve your marriage without the emotional and financial toll associated with divorce court proceedings. If you are starting the process of getting divorced in Denver, feel free to contact us to learn more about the benefits of choosing Denver divorce mediation instead of litigation.

Split Simple

1624 Market Street #202

Denver, CO 80202

720-501-4600