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How does mediation work?

| Oct 11, 2019 | Mediation |

While many residents of Broomfield and the greater Denver area may have heard about family law mediation, some people who have never experienced the process may have little idea of how a mediation actually works in a family law setting.

Much of what happens at a mediation depends on the individual practices of a mediator and, in many cases, the rules and expectations of the court which orders the mediation. As such, perhaps the first thing a person should be aware of is that the choice of a mediator is important.

The choice of a mediator is therefore something about which a Colorado resident should consider speaking to their family law attorney should it appear that a case is headed toward divorce or child custody mediation.

Another important point about mediation is that the entire process is confidential. On the most basic level, this means that a person need not fear that their willingness to compromise on an important issue in mediation will come back to haunt them in court later.

Many mediators may ask to receive information on the case prior to the mediation starting. On the other hand, mediation frequently takes place early in the process, before all investigation is complete.

At the onset of mediation, the mediator will frequently meet with all parties to go over ground rules and hear a bit about each side’s position. The mediator will then talk privately to each side and pass offers to compromise back and forth in the hopes of reaching an agreement. Sometimes, this will happen with the two sides in separate rooms. If an agreement is reached, the mediator may help draft a temporary agreement that both parties can sign.