Mediation is an alternative dispute resolution process where two parties work with a neutral mediator in an attempt to reach agreements to resolve their family law disputes outside of court. While mediation is often ordered by courts during a litigation case, it can also be completed by parties before anything is filed with the court.
Similar to collaborative law, mediation can have a positive impact on the relationship between two parties, especially when children are involved. When a case goes to trial because parties cannot reach an agreement, a case can become very adversarial and heated. Additionally, there is often a significant cost involved with going to trial. However, when people commit to trying to reach a resolution in mediation, they often find that they can live with the outcome much more so than when a judge orders the outcome. Additionally, mediation can be more affordable than attending trial, especially if attorneys are involved.
It is important to understand the differences between a mediator and an attorney. While a mediator may be a licensed attorney, such as Ms. Monty, when serving in the mediator role the mediator cannot provide either party with legal advice. However, the benefit of working with a mediator who has family law experience, is that the mediator can offer her experiences on how courts resolve certain disputes and help parties conduct a cost-benefit analysis of settling their dispute versus going to court.
Mediation may occur in a single session, or may take several sessions to resolve all issues. Parties who have retained an attorney are welcome to attend mediation with their attorney. Alternatively, parties may agree or choose to attend mediation without their attorneys.
Ms. Monty is skilled in family law mediation, having completed a 40 hour mediation training in 2012. Ms. Monty has mediated both divorce and allocation of parental responsibilities cases, and particularly enjoys working with pro se parties (those without attorneys) through several sessions to reach full agreements. If the parties agree, Ms. Monty is available to put all of the parties’ agreements in writing as well as assist them in preparing the necessary documents to file the agreement with the court.
Ms. Monty is also available for mediating disputes for those who are represented by counsel, whether or not a matter is currently pending before the court.
If you are interested in scheduling a mediation session with Ms. Monty in Fort Collins, Colorado and the surrounding areas, please contact us at 970-797-3407 or through our online Contact Us form.
