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There are five ways to
resolve the conflict inherent in divorce: litigation,
arbitration, negotiation, collaboration and mediation.
Litigation and arbitration are both adversarial, and negotiation
can be either adversarial or cooperative. Collaborative
law and mediation are both cooperative approaches to settling
divorce issues.
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Our mediation service assists
parties who wish to reach an agreement. We serve parties
whether or not they are represented by an attorney, and can
mediate the entire settlement or just the financial issues.
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The mediation process is managed by a mediator, who must
function as an impartial, neutral third party. Both parties
are the clients of the mediator. The goal is a settlement that is
satisfactory to both people.
What does the divorce mediator do? During the mediation
process, the mediator will assist the parties to exam the issues;
communicate the facts, needs and desires; encourage each side to
really understand the other's sides needs and position; and
stimulate the development of options and solutions. It is important that
both parties treat each other with respect and focus on future needs,
rather than focusing on past misdeeds and finding fault.
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The mediator cannot give legal advice to the parties,
even if the mediator is an attorney. Parties in a mediation
are encouraged to seek legal advice, if for nothing else than to review
the final agreement.
Who makes the decisions? The mediator will
not make your decisions for you --that is what arbitrators and judges
are for. The mediator will help you to reach your own
agreements, which in the long run should be more workable and
satisfactory than those imposed by a third party.
Mediation is voluntary. Mediation cannot
work if one or both parties have been forced to attend. Either
party is free to leave the mediation at any time. |
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Steve McBride, CDFA has
satisfied the requirements of the Colorado Council of Mediators
as a Professional Mediator. |
Mediation is confidential. The mediator is
bound to keep confidential all communications related to the mediation
and cannot be used as a witness if the matter goes to court.
Similarly, the parties are bound by confidentiality and are not allowed
to use any information discovered during the process of the mediation in
court.
Parties may have advisors to help them in the
mediation. Advisors can include attorneys, financial analysts,
parenting professionals, therapists, etc. With the exception of
the attorneys, who may only act for one party, the advisors may be
jointly appointed, or advise only one of the parties.
For the mediation to be binding, the agreements must
be reduced to writing that both parties sign. The mediator may draw
up the agreement, or this may be done by an attorney representing one of
the parties.
For more information on our
mediation services, please contact Steve McBride on 720.200.7011
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