Divorce Mediation in Colorado: Is It Required?

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.

Divorce Mediation in Fort Collins and Larimer County

Divorce and parenting cases in Fort Collins are heard at the Larimer County Justice Center, and the court routinely orders mediation before it will set a contested hearing. In practice, most couples go through at least one mediation session, whether they planned to or not.

You generally have two choices of mediator. One is a private mediator you select and pay together. Many are experienced family law attorneys, and you can usually schedule within days. The other is the Colorado Judicial Branch's Office of Dispute Resolution, which provides mediators for court cases. Either way, the agreement only becomes binding once both of you sign it and the court approves it.

Our firm does both sides of this work. Michael D. Liggett brings more than 40 years of experience to mediation and settlement conferences in Northern Colorado. When we represent one spouse instead, we prepare you before the session so you know which points to hold firm on and where compromise makes sense. See our Fort Collins mediation services for how a session with us works, or our Fort Collins divorce attorney page if you expect the case to be contested.