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Mediation and Arbitration

 

IN TOTO provides a full list of alternative dispute resolution methods for legal matters to help reduce the stress, cost, and long waits associated with traditional litigation. All of these offerings are approved by the Colorado Supreme Court and highly encouraged by the entire Colorado judiciary. Due to the significantly reduced costs and ability of the mediator/arbitrator to work towards an individualized resolution of matters  in dispute, mediation and arbitration are available for nearly every legal matter in Colorado. Mediation and arbitration are increasingly becoming attractive alternatives to formal litigation for parties.

 

Non-Contested

 

The primary reason why you and your spouse could benefit from non-contested filings is cost. As divorces and custody matters have become increasingly complex, the legal and emotional costs of a divorce have increased. A fully contested divorce proceeding (with or without children) will be expensive (hiring of two lawyers), time consuming (at least five separate court appearances) , and emotionally draining (dispositions, interrogatories, witness statements, etc.). It does not have to be this way. Colorado encourages parties to file non-contested divorces. Along with significantly reducing court costs, non-contested divorces are given special treatment to reduce or eliminate most court appearances and legal proceedings that made divorces so emotionally draining.

 

That said, it is very rare to have a divorce or a custody dispute in which the two parties agree on every issue. As a result, most people incorrectly assume that non-contested hearing are not possible because there is not total agreement. Colorado allows both parties to use a private mediator to handle some or all of their divorce and/or custody dispute. This resolution can occur prior, during or after a filing and can bypass most of the tedious legal steps required in traditional litigation.

 

IN TOTO has successfully completed numerous non-contested divorces. These divorces have resulted in legal fees between 50% to 75% less than a traditional divorce. Most importantly, the parties post-decree have remained cordial enough to participate in the smooth division of property and exchange of children for visitations and overnights without additional conflict. Non-contested divorces are especially beneficial for children because the traditional court investigation into the parent’s individual lives can be eliminated and a custody agreement can be drafted that benefits the children.

 

Private, Court-order Mediation

 

Under Colorado law both parties in a family court action (divorce, legal separation, and/or custody proceedings) must participate in at least one scheduled mediation prior to a formal judicial hearing of temporary or permanent orders. Colorado provides a limited list of contracted mediators with a filing, but there is no requirement that the parties use a court-appointed mediator. Any lawyer licensed in Colorado can mediate for the parties. IN TOTO has successfully handled this type of mediation to many former couples and provides this with significantly reduced fee compared to court appointed mediators.   

 

General Mediation/Arbitration

 

Disputes often require a neutral third-party to listen to both sides and craft an unique compromise which meets the needs of both parties. Many people associate the only means of dispute resolution as only formal litigation before a judge. The courts in Colorado, like all states, are overloaded with cases and as a result tend to result in long delays and high costs associated with filing motions, scheduling hearing, and attending court hearings. By contrast, IN TOTO offers mediation in a relaxed office setting at a schedule of your choosing.

 

Colorado allows and encourages private parties to seek out-of-court resolutions of their disputes. Mediation and arbitration allow the parties to have greater control over resolving their dispute in a manner that is acceptable to both parties. Specifically, court rules can be relaxed to allow both parties to appear in a dispute without having to hire attorneys. This significantly reduces costs and can allow the parties to work with IN TOTO to seek resolutions that a court cannot provide.   

 

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