The role of mediation is to have a neutral third party sit in to facilitate a discussion aimed at reaching an agreement. Often times the mediators are lawyers or judges that understand all of the elements and issues involved in your divorce case.
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What does mediation … what does the role of mediation have in a divorce. In El Paso county, and in most of counties here in the state of Colorado, courts are going to require that the parties go to mediation if their case is set for a final hearing, which is called final permanent order, and they do not have an agreement.
The role of mediation is to have a neutral third party meet with the parties, who are usually sitting in separate rooms, and to have a discussion about what the disputes are. Many times the mediators are going to be former judges, or lawyers that now practice family law, that understand all of the different elements and issues that are involved in your typical divorce case.
A mediator, a good mediator, a mediator who understands how important these issues are to the parties, can facilitate a settlement. And keep in mind if you have a settlement, that means you're staying out of court. If you're staying out of court, that means that you're going to have control as to the outcome of your case, and you're not going to delegate that control to a judge.
A lot of times I get the question why shouldn't I just to go to trial? And universally all of the experts in family law, attorneys who have been doing this a long time, say if you wish to give up control as to the outcome of your case, then you should go to trial. But if you want to maintain control, and have a voice and a say in what happens with your children, with your property, and how debts are going to be paid, then the best way to do that is to resolve your disputes in a mediation.
A mediator, a good mediator, is going to tell you, although you don't have to reach any kind of agreement in mediation, it's going to save you a lot of stress and anxiety by avoiding the courtroom.