FREQUENTLY ASKED QUESTIONS
No matter the unique challenges you face, at O'Bryan & Simeone Law and Mediation, we have the deep family law experience to guide you through these difficult times.
What Is Mediation?
Mediation is a dispute resolution process whereby a trained, third-party mediator (in our case we can offer two mediators at once, see below) helps two or more parties come to an agreement regarding a certain conflict. Unlike litigation, which involves going to court, mediation allows the parties to come to an agreement together. By resolving your divorce, separation, or parenting issue through mediation, you can create an arrangement that works for the needs of your whole family. For couples who are divorcing or otherwise dissolving their relationship, mediation can help iron out decisions for child support, maintenance (alimony), asset division, parental responsibilities, and other critical issues.
Why Co-Mediation?
Co-mediation is a form of mediation where two mediators are present during meetings and part of all communications. Co-mediation can be beneficial to clients, as the mediators complement each other in terms of personality, culture, and professional background, which improves the quality of the mediation process, and its outcome. Co-mediation is especially effective in divorce mediation where the issues can be complex and emotional. The co-mediation model for couples going through a divorce is designed to benefit all couples, as it has two professionals offering different views, modeling good communication and behavior in the process. Among the many benefits of the co-mediation model is the ability of one mediator to document detailed notes during our session, or simultaneously work on documents and/or agreements, while the other mediator keeps the session moving along. This saves the client(s) time and money. The purpose of this form of cooperation is to facilitate agreements on all issues with as little conflict as possible. The parties get two mediators (two for the price of one) for one low hourly rate. Roughly 70% of our clients complete the divorce mediation process in under 8 hours total.
Our Colorado Divorce Mediation Process
We offer complimentary 30 minute consultations, either over the phone or in person, to discuss your needs and determine if mediation is right for you. The average time to complete a separation or divorce will take about four sessions. Complex issues may take require more time, but a couple who has a relatively simple situation could complete their divorce through mediation in as little as 6-8 hours. Post-decree matters will often take even less time.
First Mediation Session
In cases of a mediated divorce, we will walk you through an overview of the divorce process in Colorado. We will then assist you to begin the real work of discussing options and developing an agreement on all necessary matters. Often, it is helpful to determine “homework” to better prepare for the next session.
Subsequent Mediation Sessions
Generally, we will meet with you in mediation every several weeks. This is often an optimal “spacing” of our work. It allows both parties time away from the mediation process to consider and discuss with others — if they choose — their emerging plan. It also provides an opportunity to gather and research information of importance, or in some cases retain an attorney, to assist parties with understanding the legal consequences of certain decisions.
Session Length & Appointment Times
We schedule all sessions as two hour appointments (with the exception being mediation appointments with attorneys present; these are generally scheduled for a half day). Like most mediators, we have found this to be an optimal length of time for couples working directly together with the mediators. Shorter appointments simply don’t allow you to remain focused and to “get through” and resolve certain issues. With longer appointments, mediators and clients often get too fatigued to continue meaningful progress. (On occasion, particularly with parties coming from a long distance, we do schedule for longer sessions. More frequent sessions are simply not practical, given the travel times involved for one or more parties.) We often schedule only two mediations per day. Morning sessions are generally scheduled to begin at some time between 8:30 to 10 a.m. (thus ordinarily ending at 10:30 a.m. to 12 p.m.), and afternoon sessions are generally scheduled to begin at some time between 1:30 to 3 p.m. (thus ordinarily ending at 3:30 p.m. to 5 p.m.). The process of divorce mediation is a dynamic, evolving process. One of the benefits of the co-mediation model is the ability of one mediator to document detailed notes during our session, or begin the process of typing and completing forms or agreements during the mediation session while the other mediator keeps the session moving along. This saves the client(s) time and money.
Time and Costs?
Cost savings are not the only, or even the primary, advantage of mediation. Nonetheless, mediation costs are often significantly less than legal fees for a contested divorce or other family law issue that typically concludes with a court trial or hearing. Additionally, mediation will often prove to be a more affordable option to resolve post-decree matters than going through the traditional court process. As an insightful Parade Magazine article (“A Saner, Smarter Way to Say Goodbye”) explained: “Mediators usually charge hourly fees comparable to those of lawyers … but a case that might require 170 hours in a standard divorce might be resolved in less than 20 hours of mediation.” At O'Bryan & Simeone Law and Mediation, mediators work with you as neutral 3rd parties to lead the discussion and draft the resolution. However, if attorneys represent you, they are welcome to be present during your mediation sessions.
What O'Bryan & Simeone Law and Mediation Fees Cover:
•Mediation session(s) •Drafting legal documents •Review and revisions •Final Drafts of Documents for signatures.
Our total time to mediate your divorce or parenting dispute may be less if you have:
•Limited issues
•Access to required information
•An easier time of discussing divorce and family options
Our total time to mediate your divorce or parenting dispute may be higher if you have:
•Numerous issues •Complex situations (e.g., you own a business) •Limited access to required information •A more difficult time discussing divorce and family options The above matters would directly influence the costs of divorce or resolving parenting disputes in litigation as well.
Please call for a consultation and to discuss fees. We accept sliding scale clients based on financial need.
