Restructuring a Family using Mediation
Quality, non-adversarial Agreements: Judy West excels in guiding couples through divorce by utilizing the non-adversarial process of mediation to reach workable settlements. Her professional expertise and empathetic approach ensure that divorce matters are resolved quickly with fairness and respect.
Restructures Parental Responsibilities: It is not uncommon for one parent to provide the majority of care for children, while the other provides a majority of income and financial management for the household. Each of these roles are essential. When marriage is smooth, having a division of labor between spouses may give comfort in the security that everyone knows what to expect and neither is overburdened. But when families restructure, spouses need to quickly build capacity in new roles. Previously uninvolved parents can learn to show up as loving parents. It is possible to stretch to meet children's needs for transportation to extracurricular activities, help with homework, and provide consistent meals. Mediation is an opportunity for honest conversation about each parent's role, and a safe place to discuss options when a parent cannot be present for any reason.
Court-Required Paperwork: The number and complexity of forms required to complete a divorce process can be overwhelming; it is similar in scale to buying a home. Full, transparent disclosure of all aspects of family life, including sworn financial statements is required by law. When one spouse handles the family finances, the other may be completely unaware of various accounts, debts, and assets. Having a professional mediator who adheres to the required disclosures can prevent a divorcing couple from overlooking or omitting important financial considerations. As professional, seasoned mediator, Judy West is efficient in drafting required paperwork for the parties to review and approve prior to signing. The parties can file these documents electronically or take them to the court physically.
File Petition Together as Co-Petitioners: When both spouses sign the petition, it is called a Co-Petition Filing. The date of filing as Co-Petitioners begins a 91-day mandatory wait until the divorce can be finalized. The Case Management Order sets a date for the Initial Status Conference (ISC) in approximately 42 days from filing. The ISC is a meeting to discuss the progress of your case with a Family Court Facilitator, Magistrate, or Judge. The ISC is usually 10 - 15 minute, during which time the parties are able to let the court know what has been agreed upon and what outstanding issues may need to be heard by the judge or magistrate for a decision. During this conference, parties may clarify deadlines and review procedures, review their drafted forms, learn about the next steps, and ask non-legal questions.
Initial Status Conference: Within 42 days of filing (or receiving) a Petition, you must file these forms:
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JDF 1111 - Sworn Financial Statement
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JDF 1111SS - Supporting Schedules (if needed)
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JDF 1104 - Certificate of Compliance
In addition to the court-required documents, the agreements reached in mediation are drafted into a 'Memorandum of Understanding' or MOU. The MOU is a working document that develops throughout the mediation process. Mediator Judy West drafts and forwards sections of the MOU to the parties in between sessions for their edits and/or approval. The Memorandum contains all agreements reached for the division of debts and assets, parenting plans, maintenance, and child support.
Litigated v Mediated Divorce
Mediation saves money. Martindale-Nolo Research shows the average cost of a litigated divorce for each party in 2019 was $11,300 and the median was $7,000; and legal fees tend to rise. Mediation is an alternative to a contentious lawyer-driven process. Colorado courts routinely order mediation in divorce and legal separation, whether the parties are represented by attorneys or pro se (representing themselves). Mediation fees are typically a fraction of what families spend to litigate a divorce. Judy West has mediated hundreds of cases since 2003 with a goal of saving family resources. A mediated divorce from start to finish costs approximately $1,500 per spouse.
Mediation saves Time. Many attorneys estimate one year or more from filing the Petition to receiving the Divorce Decree. Time to completion is greatly influenced by the parties' level of conflict in both mediation and litigation. However, court dockets, scheduling hearings, and total case load can also increase litigation. These factors are out of the parties' control throughout litigation, setting up a dynamic of unlimited cost for an uncertain outcome.
In contrast, the majority of Judy West's divorce clients are able to complete all court-required paperwork, negotiate the financial settlement, spousal maintenance (alimony), parenting plans and child support within 4 or 5 meetings in about 2 months' time. Self-employed business owners or parties who own multiple real estate holdings should plan on spending more time in mediation to address their more complex financial picture. Mediation tends to reduce conflict by providing options for workable solutions. When ex's are able to agree, the divorce can be completed quickly.
Parties Maintain Control: Mediation participants retain the greatest control over private family matters in mediation. The mediator cannot force agreement or impose a solution on divorcing spouses. Mediation clients also control outcomes by preparing in between sessions and being willing to (a) consider options for settlement presented by the mediator and (b) complete assignments between sessions. When minor children are involved, it is particularly important to include all areas of agreement for both immediate and future needs, which may be overlooked without the assistance of a mediator or other advisor. Agreements may include the costs for a car and insurance for a young driver, adjustments to parenting plans when situations change, extraordinary expenses for activities, specifying what each parent pays for college expenses, and other matters that may not be apparent when children are young. Preparation influences the number of required mediation sessions, which in turn affects costs, and ultimately the quality of the agreements. To assist clients with keeping on tract, Judy routinely sends a follow up email after every mediation session. Preparation reduces the need for additional sessions.
Mediation is not therapy, but it does hold space for each person to bring their message forward, giving an opportunity to address difficult topics that may create anxiety, with a goal of finding solutions that work. Mediation differs from therapy by being forward-focused: "Plan your Work; Work your Plan". Many divorcing couples experience an imbalance of power between them, sometimes driven by strong personalities, communication styles, education, and earnings. Mediation can help to balance the needs of all family members, including the needs of growing children. Helping families discover new ways of negotiating challenges is tremendously satisfying.
Mediation is not the practice of law, although the agreements can be legally enforced once the court approves the Memorandum of Understanding. A mediator is not a judge and cannot impose a decision for settlement. When parties cannot agree, a partial agreement may be reached, leaving outstanding matters for the court to decide. Judy West is a non-attorney mediator. Her education and experience is listed here.
Judy West has assisted hundreds of families restructure through divorce, saving time and money. After serving 20+ years as a family and divorce mediator, her results are impressive. Her clients routinely report back that, upon filing their cases, court facilitators and judges alike have remarked that their case file is complete and ready for final hearing. Mediated cases are often completed by the time of the Initial Status Conference (42 days) or soon thereafter, depending on the parties' willingness to complete assigned tasks in between mediation sessions. Mediation clients can save thousands of dollars in legal fees when compared to a typical divorce managed through lawyers.
Judy welcomes the opportunity to serve you. Call or text 303-864-9674 to schedule a 30 minute free consultation.