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When or Why is Mediation Better?

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Divorce and child custody disputes can take years to resolve and can become very expensive- especially when the Courts are involved. Mediation is an excellent alternative for parties to a divorce or child custody case to resolve their disputes quickly and inexpensively.

Mediation is a process where the parties to a family law case and their attorneys meet with a neutral third-party mediator who is trained in dispute resolution. During mediation, the mediator helps the parties communicate effectively about what is most important to them in order to help them reach agreements amicably. The sole goal of the mediator is to help the parties settle their case without the involvement of the court. Unlike a Judge, a mediator does not have the power to make a final, binding decision. 

Mediation leaves the control in your hands.

A successful mediation removes the need for Court involvement in your case, leaving the power to control the intimate details of your family life in your own hands. By going to Court on a contested hearing, parties are giving the Court the power to control the outcome in their case. In contrast, a mediator has no authority to make a binding decision without the express agreement of both parties. This means the parties have much more flexibility and control in reaching a resolution regarding their family lives and finances. 

Mediation resolves your case faster. 

The Courts are very busy, and it is often many months before they can set a hearing in your case. Mediation allows for parties to have finality in their case more expeditiously. There are many talented mediators in Colorado, allowing for wide availability to schedule mediation. It is usually possible to get mediation scheduled within just a few weeks. 

Mediation can save you money.

Mediation is a helpful tool to reach a settlement in a divorce or custody case, and at a much lower price tag. The longer the parties’ dispute over issues, the more expenses they incur. Whether it be attorney’s fees, expert fees, or court costs, the expenses can mount quickly. The price for attorneys and experts to prepare for in-Court litigation can be substantial. Rather than going to Court to argue over the value and division of your estate, mediation allows you to keep your money in your pocket. 

It is important to have a competent attorney represent you during mediation in order to advocate for and protect your interests.  Contact the attorneys at Burnham Law today.

Alternatively, if you are seeking an accomplished mediator for your case, contact our alternative dispute resolution department to learn about your options.


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Managing Partner

Colorado Springs

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