Many people believe that, once a divorce decree is entered, life can return to “normal.” Unfortunately, for those who have children with their ex-spouse, disputes can continue to arise after the divorce decree is entered. Disputes that commonly arise include where to send the child for school, what type of medical treatment to pursue, or whether to enroll the child in counseling.
Colorado law provides several options for dispute resolution outside of the court system. I frequently recommend these methods to my clients, as they are more cost-effective and can be less contentious than a hearing.
PARENTING COORDINATOR
After permanent parenting time orders are entered, a parenting coordinator may be appointed by agreement of the parties or by the court. The duties of a parenting coordinator include: (1) helping the parties create agreed-upon, structured guidelines for implementing their parenting plan; (2) developing guidelines for the parties’ communication; (3) suggesting resources for the parties to learn improved communication and parenting skills; (4) helping the parties identify the sources and causes of conflict between them; and (5) helping the parties to develop parenting strategies that minimize conflict.
A parenting coordinator can clarify an existing order, but cannot change court orders. If the parties are unable to resolve a dispute, they may not call the parenting coordinator as a witness for trial, unless both parties agree.
DECISION-MAKER
The parties may agree to appoint a decision-maker for disputes that arise after permanent orders are issued by the court. If the parties do not agree, the court may appoint a decision-maker. A decision-maker’s role is to help the parties resolve disputes about the implementation of the court’s order. The decision-maker can make binding decisions that are consistent with the current court orders, but may not change the existing orders.
MEDIATION
Mediation is an informal, non-binding process that uses a neutral third party to help the parties reach an agreement. The mediation may suggest possible resolutions, or tell the parties how a judge is likely to decide the dispute, but cannot make binding decisions. As an attorney, I strongly recommend mediation, because it gives the parties a chance to present their case to a neutral third-party and to get feedback on the party’s position. It allows the parties to try to reach a resolution on their own, before the dispute gets turned over to a judge or arbiter who will make a decision for the parties.
Any statements or settlement offers are confidential, and may not be used at trial. Additionally, the mediator cannot be called to testify as a witness. This is so the parties can propose solutions and problem-solve without the risk of their words being used against them at a later date.
ARBITRATION
A court may appoint an arbitrator only if all parties agree to the appointment. An arbitrator can make binding decisions about parenting time, one-time adjustments to child support, and parental decisions (such as medical, educational, or religious).
Arbitration can be thought of as a private court hearing. The parties will present evidence to the arbitrator, including opening and closing statements, testimony of witnesses, and cross-examination. The arbitrator will then issue a written order, which must be confirmed by the court.
MEDIATION-ARBITRATION (MED-ARB)
Med-Arb is a two-phase combination of mediation and arbitration that uses the same individual for both phases. During the first phase, the parties mediate, in the hopes of achieving an agreement on their own. If they are unable to reach an agreement, the neutral third party assumes the role of arbiter, and makes a decision for the parties.
Are you interested in reaching a settlement outside of court? Contact Katelyn to discuss which option is best for you.
