| The benefits to divorce mediation, as an alternative to | | | | agreeing to, on every point, with every Memorandum |
| litigation, are many. First and foremost, mediation helps | | | | of Understanding that's drawn up. You're not turning |
| prevent your family from being torn apart in the | | | | over your fate to the whims of a judge, hoping for the |
| process of divorce. | | | | best.oThroughout the entire process of divorce |
| Just because you and your spouse have decided to | | | | mediation, your thoughts, opinions, and views will be |
| divorce doesn't mean that you have to go to war, yet | | | | heard, and you'll have time to express yourself during |
| litigation, by its very nature, is designed to be an | | | | each negotiation. That's not possible with divorce |
| adversarial process. You hire a divorce attorney, your | | | | litigation, when you're given limited time to testify. |
| spouse hires an attorney, and suddenly you have | | | | Because the courts are overcrowded, underfunded, |
| lawyers on the clock, involved in and billing for every | | | | and understaffed, most judges and magistrates are |
| single issue - major and minor. Inadvertently, you find | | | | forced to move cases through the system with a |
| yourself fighting about issues that could have been | | | | limited amount of attention give to each one. In other |
| easily settled through mediation, and you've lost control | | | | cases, judges delay decisions for months after trials, |
| of the process. | | | | which could lead to additional stress and anxiety for |
| Mediation, on the other hand, is a process of peaceful | | | | you.oWith divorce mediation, you're able to make |
| communications, whereby you and your spouse | | | | sound, well-thought-out decisions. Unlike litigation, you'll |
| express what you want during facilitated meetings, | | | | never be asked to make a life-changing decision in just |
| listen to each other, and come to agreements. These | | | | minutes, in the crowded halls of a courthouse, on one |
| agreements can be about parenting time, money, | | | | of the most stressful days of your life.oDivorce |
| personal items, spousal support, division of property, | | | | mediation protects your privacy, whereas in litigated |
| child care arrangements, and anything else that needs | | | | divorce cases, there's no confidentiality. All court files |
| to be resolved. These agreements are written up as a | | | | become public records, some of which are available |
| "Memorandums of Understanding," and they're filed | | | | online. Every intimate detail of your marriage, finances, |
| with the courts as part of your divorce. | | | | children's lives, and more potentially can be |
| The benefits to mediation are both financial and | | | | accessed.oDivorce mediation is less stressful than |
| emotional, including:oThe average cost of divorce | | | | litigation, which by its nature is combative. When |
| mediation is $1,200-$5,000, including all filing fees, | | | | children are involved, the importance of healthy, |
| whereas the average cost of divorce litigation in the | | | | ongoing communications between you and your |
| state of Colorado runs between $25,000-$50,000 for | | | | spouse becomes even more vital.oDuring mediation, |
| a low-conflict divorce.oThe average timeframe for | | | | you set your own schedule for conferences and |
| divorce mediation, from the filing of court forms and | | | | meetings, and you're not forced to rely on open court |
| the initial mediation consultation to finalization of the | | | | dates and attorney availability.oMediation offers you |
| divorce runs three to six months, whereas a litigated | | | | the flexibility to try out of some the agreements you |
| divorce is typically drawn out for twelve to eighteen | | | | reach with your spouse, giving you the time and space |
| months.oDivorce mediation is much easier than divorce | | | | to determine if they'll work before you sign the final |
| litigation, because agreements can be reached quickly | | | | divorce agreement. |
| and simply, between you and your spouse, without | | | | Why not try divorce mediation? If, for some reason, |
| having to go to court at every turn. There are less | | | | you and your spouse can't resolve your differences |
| scheduling conflicts along the way, and no expensive | | | | and come to the fair agreements you need through |
| delays.oThe outcomes in divorce mediation are more | | | | mediation, you always have the option of retaining an |
| predictable than in litigation. You know what you're | | | | attorney and litigating your case. |