Finding The Right Approach To Your Divorce

In most family law matters, the Colorado courts require that the parties attempt mediation. Mediation is an alternative dispute resolution (ADR) mechanism or tool that allows the parties to openly discuss and attempt to resolve disputed issues with the assistance of not only the attorneys for each party but also with the assistance of a neutral fifth party called a mediator.

The attorneys at The Drexler Law Group, LLC, are experienced and skilled at negotiating and advocating for our clients throughout the mediation process. Often, we can resolve the entire case at mediation without the need to incur additional costs for a hearing or trial. A successful mediation also prevents further delay and stress over an uncertain outcome if the matter has to go before the court. Located in Colorado Springs, we serve clients throughout the nearby areas.

What Is A Mediator

The mediator is not an advocate for either side but can be a critical resource to bring the parties closer to an agreement. Think of a mediator as a transactional broker where the broker represents the transaction and not the parties. The mediator wants to see the parties come to an agreement, where possible.

A mediator can also memorialize or record the agreement after a successful mediation.
In some cases, the mediator can solve as many issues as possible leaving only a handful of contested issues that need to be tried or presented to the judge.

Mediation can be intimidating for even the most confident personalities. But mediation is not a weapon or another instrument of control. Accordingly, a mediator will often separate the parties from each other and proceed back and forth between the parties while the mediator passes along information helpful for the parties and attorneys to understand the issues and the level of contest between the parties.

In some cases, especially those in which serious domestic violence is alleged, mediation may not be appropriate. In these cases, we can file an appropriate motion with the court requesting relief from the standing order for mediation.

When Is Arbitration Right?

In the event the parties wish to avoid court, it is possible to agree on an arbitration, which is another form of alternative dispute resolution (ADR) in which the parties give the power to an arbiter instead of a judge.

Arbitration is usually less formal, but clients must understand the ground rules and specify which rules of civil procedure and which rules of evidence will apply to the arbitration proceedings.

Whether arbitration is beneficial depends on a great number of factors including (not limited to) the complexity of the issues, the relative expense or costs savings, and the specific arbiter being used (or in the alternative the judge who would hear the case otherwise).

Collaborative Law: A Different Approach

Collaborative law is a different approach to problem-solving. Collaborative legal process involves each party and their respective attorneys entering into a participation agreement to work together and sometimes with other family, parenting or financial professionals, to achieve an outcome or settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation. The voluntary process is binding on all parties and the attorneys meaning that if the collaborative process breaks down, the parties would need to hire alternate counsel for any future contested litigation.

Collaborative law is not designed or even intended for all family law matters. A common misconception is that collaborative law will be less expensive than the more traditional legal process for divorce, legal separation or child custody. However, the reality is that it takes time to confer and collaborate among so many parties, and scheduling can often be an obstacle. Not every case can be fully resolved with a collaborative approach, so, in many cases, the parties must still retain alternate counsel in the event the parties will need to go to court to resolve an important contested issue.

Find Out Which Approach Is Right For You

Confer with one of our experienced attorneys to determine the best use of alternative dispute resolution (ADR) mechanisms including negotiation, mediation, arbitration or a collaborative law approach. Your first consultation is complimentary. Call 719-359-4623 or contact us by email.