Colorado Springs Mediation Lawyer

Pursuing Divorce Solutions outside the Courtroom

In most family law matters, Colorado courts require that the parties attempt mediation. Mediation is an alternative dispute resolution (ADR) mechanism or tool that allows the parties to openly discuss and attempt to resolve disputed issues with the assistance of the attorneys for each party and a neutral fifth party called a mediator.

The attorneys at Drexler Law are experienced and skilled at negotiating and advocating for our clients throughout the mediation process.

How Our Colorado Divorce Mediation Attorneys Are Different

Partner and member attorneys Matthew B. Drexler and Teresa A. Drexler serve a unique role as private mediators where two parties may retain either of their services in the role of mediator. With over 100+ years of combined experience in family law practice and civil litigation, not to mention their own personal experience with divorce and custody plans, the Drexlers are certainly qualified and uniquely situated to serve as neutral mediators.

More often, however, clients have retained the Drexlers to represent them during the mediation process to ensure that their interests are being protected and to negotiate a favorable resolution of their legal dispute or family law case.

Contact either Matthew B. Drexler or Teresa A. Drexler if you are in need of representation at mediation or if you want to recommend or suggest either one be utilized as a neutral mediator in your divorce, custody, or family law case. Drexler Law’s professional Mediation rates are reasonable, and they don’t infuse conflict where none exists. The Drexlers aren’t your typical family law attorneys; they don’t push clients to get divorced or separated. After going through their own divorces, Matt and Teresa recognize the value of a couple’s genuine attempt to explore reconciliation through counseling or other resources. However, when those good faith efforts stall or the couple simply realizes that their marriage is irretrievably broken, or perhaps the parties desire more information about their legal rights and the divorce process early on, Matt and Teresa are here to help.

Benefits of Mediation in Colorado

Often, we can resolve entire cases at mediation without the need to incur costs for a hearing or trial. A successful mediation also prevents further delay and stress over an uncertain outcome if the matter has to go before the court.

What Is a Mediator?

Think of a mediator as a transactional broker where the broker represents the transaction and not the parties. The mediator wants to see the parties come to an agreement, where possible. The mediator is not an advocate for either side but can be a critical resource to bring the parties closer to an agreement.

An effective mediator can also memorialize or record the agreement after a successful mediation. In some cases, the mediator can solve as many issues as possible leaving only a handful of contested issues that need to be tried or presented to the judge. Where issues are resolved prior to a hearing and only the remaining issues need to go before the court, the parties benefit by saving costs to prepare a full case for a hearing and spare themselves the stress of uncertainty as to the resolved claims. Overall, the remainder of the case is far more efficient.

More Peaceful Resolutions

Mediation can be intimidating for even the most confident personalities, but it is not a weapon or another instrument of control. Accordingly, a mediator may separate the parties from each other and proceed back and forth between the parties while passing along helpful information to understand the issues and the level of contest between the parties.

In some cases, especially those in which serious domestic violence is alleged or already established, mediation may not be appropriate. In these cases, we can file an appropriate motion with the court on behalf of our client requesting relief from the standing order for mediation.

When Is Arbitration Appropriate?

Another alternative dispute resolution method is called Arbitration. During and arbitration session, the parties present their case to a neutral arbitrator who, by agreement of the parties, also has the power to make decisions and issue orders in the same manner as a judge would have. Arbitration is usually less formal; however, clients must first be advised and understand the ground rules and specify which rules of civil procedure and which rules of evidence will apply to the arbitration proceedings. Further, it’s important to consider that the right to appeal may be waived when agreeing to arbitrate a dispute.

Whether arbitration is beneficial depends on many factors including:

• The complexity of the issues
• Relative expense or costs savings
• Specific arbiter being used, or in the alternative, the judge who would hear the case otherwise

Collaborative Law: A Different Approach & Considering the Pros & Cons

Collaborative law is a different approach to problem-solving. The collaborative legal process involves each party and their respective attorneys entering into a Participation Agreement to work together and sometimes with other family, parenting, or financial professionals to achieve an outcome or settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation.

The voluntary nature of the process is binding on all parties and the attorneys meaning that if the collaborative process breaks down, the parties would need to hire alternate counsel for any future contested litigation. The collaborative attorneys are not eligible and have an ethical conflict of interest in ongoing representation if the case becomes contested.

Collaborative law is not designed or even intended for all family law matters. A common misconception is that collaborative law will be less expensive than the more traditional legal process for divorce, legal separation or child custody. However, the reality is that it takes time to confer and collaborate among so many parties, and scheduling can often be an obstacle.

Not every case can be fully resolved with a collaborative approach, so, in many cases, the parties must still retain alternate counsel in the event the parties will need to go to court to resolve an important contested issue. Additional time and costs would be incurred for the next attorney to get up to speed on the factual and legal background of your case.

Still, collaborative law may be the right approach in your case if you are playing a safe bet that no disputed issue will surface or if you have confidence in the specific collaborative attorneys’ ability to facilitate a full agreement.