Is Mediation Required In Colorado Divorce?

In Colorado, mediation is often required before a divorce case can proceed to trial, particularly when disputes involve children. Understanding mediation requirements can help you prepare for this important step in the divorce process.

When Mediation is Mandatory

Colorado courts generally require mediation in the following situations:

• Parenting Disputes: When parents cannot agree on parenting time, decision-making responsibilities, or other child-related issues, the court will typically order mediation before scheduling a hearing
• Contested Divorces: Many Colorado courts require mediation before allowing contested issues to go to trial
• Modifications: Cases seeking to modify existing parenting plans often require mediation as well

Exceptions to Mandatory Mediation

Mediation may not be required or may be waived in certain circumstances:

• Cases involving domestic violence or abuse
• Situations where there is a significant power imbalance
• When one party has a history of intimidation or coercion
• Cases where mediation has already been unsuccessfully attempted

What Happens in Mediation?

During mediation, you and your spouse meet with a neutral third party (the mediator) who helps facilitate discussions and negotiations. The mediator does not make decisions for you but helps you:

• Identify the issues that need to be resolved
• Explore possible solutions
• Communicate more effectively
• Work toward mutually acceptable agreements

Benefits of Mediation

Even when not required, mediation offers significant advantages:

• Cost Savings: Mediation is typically less expensive than litigation
• Time Efficiency: Resolving issues through mediation is often faster than going to court
• Control: You maintain more control over the outcome rather than leaving decisions to a judge
• Privacy: Mediation is confidential, unlike court proceedings
• Better Relationships: The collaborative process can help preserve co-parenting relationships

Preparing for Mediation

To make the most of mediation:

• Gather relevant financial documents
• Think about your priorities and what matters most to you
• Be prepared to compromise on less important issues
• Consider consulting with an attorney beforehand
• Approach the process with an open mind

Can I Have an Attorney Present?

Yes, you can have an attorney present during mediation, though it is not required. Many people find it helpful to consult with an attorney before and after mediation sessions, even if the attorney does not attend. An attorney can help you understand your rights and evaluate any proposed agreements.