Often times, people believe that mediation is similar to the court process or a court hearing. Such is not the case. Again, mediation is basically a settlement conference with a neutral, third person whose goal is to help the parties come to agreements in their divorce or custody case. The mediator does not make decisions and has no power to make rulings in your case. Furthermore, that which is said in mediation is confidential and is not admissible in court. In general, the content of settlement discussions, whether at mediation or otherwise, are never heard by the judge and are precluded from being submitted into evidence pursuant to Colorado Rules of Evidence Rule 408. Thus, preparation for mediation really entails having the issues outlined for discussion purposes at mediation and convey one’s positions to the mediator. Mediation preparation can entail your attorney having documents, such as financial disclosures, or spread sheets ready for discussion purposes. One should also have identified, with his or her attorney, the various negotiation floors and ceilings on issues, such as property division or child custody. Beyond that, mediation preparation is nothing like court preparation. There is no testimony to go over, nor real exhibits to prepare. As such, stress levels and financial costs should be much lower than getting ready for a contested hearing in front of a judge or magistrate.
Is mediation required to get a divorce?
Yes and no. Colorado statute does not require parties in a divorce case to attend mediation. However, many of the counties throughout the Denver metropolitan area do. For example, in a divorce in Douglas County or Arapahoe County, mediation will be required at least once, and sometimes twice. In Denver or Boulder counties, mediation may be required, but not always. Other counties, such as Jefferson or Adams, do not normally require the parties to mediate. A mediation requirement is not necessarily a bad thing or something parties should be concerned with. Mediation is a process in which both parties to a divorce case meet with a neutral third person whose sole function is to try to help them come to agreements on the contested issues. Attorneys usually attend mediation with their clients and cases often get settled via the process. That being said, not all cases do settle, and mediation merely becomes another step or hurdle the courts put into place to make it difficult, whether financially or temporally, for the parties to get to a final divorce hearing in front of a judge. The courts truly want parties to settle their cases and to avoid going to a final hearing. The courts know that mediation can increase the chance of resolution, though it is not always successful.
His passion and ferocity kept me going through this long ordeal. When I first came to Plog & Stein it was simply discuss the renegotiation of child support. Little did I know that within 72 hours I would be retaining Steve Plog for a custody battle. His passion and ferocity kept me going through this long ordeal. I have recommended him to my friends and I would recommend him to anyone with who wants honest and effective representation. Carolyn
I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation. I am thankful for the job Sarah McCain did for me in my fight with my ex-wife for visitation rights with my daughter. Sarah and the team at Plog & Stein handled my case in an efficient, affordable, and professional manner. Sarah negotiated a new parenting plan as well as acceptable visiting rights and even a favorable modification in my child support. I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation. Tom
At the end of the day he was able to produce a settlement that was fair to both parties. I highly recommend Stephen Plog for anyone in need of a top notch domestic relations attorney. After a 27 year marriage, Stephen represented me in a complicated and sometimes bitter divorce with many unique challenges. At the end of the day he was able to produce a settlement that was fair to both parties but limited my alimony payments to only 3 years. He is smart, cuts to the chase, knows the court system in the Denver metropolitan area and can be trusted to get his clients the best possible settlement. Neal
Their service was outstanding, with prompt responses to all of my questions. Sarah McCain and Plog & Stein were wonderful to me during such a difficult time in my life. Their service was outstanding, with prompt responses to all of my questions and creative ideas throughout the proceedings to help things go smoothly. Sarah's compassion, patience, and expertise were especially invaluable to me. I highly recommend them. Sandy
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We serve clients throughout the State of Colorado including, but not limited to, those in the following localities: Denver County including Denver; Arapahoe County including Aurora, Centennial, Greenwood Village, and Littleton; Broomfield County; Douglas County including Highlands Ranch, Parker, Castle Rock, and Franktown; Jefferson County including Lakewood, Arvada, Wheat Ridge, and Golden; Adams County including Brighton, Westminster, Northglenn, and Thornton; Boulder County; Elbert County including Elizabeth and Kiowa; El Paso County; Weld County; Larimer County.