Mediation vs. Litigation in Colorado Divorce
Not every divorce needs to go to war. And not every divorce can be resolved with a handshake. The question is figuring out which one you’re in—and choosing the right process for your situation.
Mediation
Mediation is a structured negotiation facilitated by a neutral third party. The mediator doesn’t decide anything—they help you and your spouse find common ground. Both parties can (and should) have their own attorneys advising them throughout the process, even if the attorneys aren’t in the room.
Mediation works when both parties are willing to negotiate in good faith, when there isn’t a significant power imbalance, and when both parties have access to the relevant financial information. It tends to be faster, less expensive, and less adversarial than litigation. It also gives you more control over the outcome—you and your spouse craft the agreement, rather than having a judge impose one.
Colorado courts generally require mediation before setting a contested hearing. Most mediators charge between $200 and $350 per hour, with sessions typically lasting two to four hours. The Colorado Office of Dispute Resolution offers mediation at $75 per hour per party and reduced rates for lower-income parties.
Litigation
Litigation is the traditional adversarial process: each side hires an attorney, discovery is conducted, motions are filed, and if the case doesn’t settle, a judge decides at trial. It’s slower, more expensive, and more stressful than mediation. It’s also sometimes necessary.
Litigation is appropriate when one spouse is hiding assets, when there’s domestic violence, when one party refuses to negotiate, when the power imbalance is too significant for mediation to be fair, or when the stakes are high enough that each side needs the full force of the legal process to protect their interests. In high-asset and high-conflict cases, mediation may be tried and fail—and that’s fine. Trying mediation doesn’t preclude litigation.
The Hybrid Approach
Most cases end up somewhere in between. You mediate some issues and litigate others. You start with litigation to establish a framework—temporary orders, financial disclosures—and then shift to mediation once both sides have enough information to negotiate meaningfully. The best family law attorneys are comfortable in both settings and know when to shift between them.
At Burnham Law, we don’t default to litigation or mediation. We assess your case, understand your goals, and recommend the process most likely to achieve the result you need—at the lowest possible cost. Sometimes that’s a mediated settlement. Sometimes it’s a trial. Often it’s both.