Catherine M. Tieman

Mediator 

What is Mediation?

If you've seen movies depicting legal disputes, you might think that the loudest, most brash, or most intimidating person is the most persuasive to a judge or jury, and thus the most likely to "win" the case. However, the reality of legal actions, particularly in Family Law, is different. Often, the most aggressive or intimidating party is not the "winner." In reality, proceeding to a final hearing in a Family Law case typically results in both parties ending up with fewer financial resources, potential long-term damage to their relationship with their co-parent and/or children, and a sense of disillusionment, as the court does not necessarily recognize the superiority of their position.

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An alternative to this emotionally draining process is mediation. Mediation involves the parties meeting with a neutral third party, often an attorney or mental health professional, who helps navigate the dispute with the goal of reaching a voluntary, final resolution.

At Setter Roche Smith & Shellenberger, LLP, our in-house mediator is a seasoned Family Law attorney with over 30 years of experience in contested litigation and over 10 years of experience in mediating Family Law disputes. Trained by the Colorado Bar Association, the mediator provides services in matters such as divorce, parenting time, division of financial assets and debts, spousal support, and modifications of parenting time and maintenance orders.​

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Role of the Mediator

As the mediator, this individual is impartial and does not advocate for either party. Their role is to help the parties identify the issues, explore alternative options, and develop creative solutions to resolve the dispute and reach a final resolution. The mediator helps the parties focus on the issues rather than their emotions and encourages them to consider ideas they may not have previously thought of.

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The mediator also emphasizes preserving family relationships, especially when ongoing interaction is required, such as when children are involved. They promote open communication and guide the parties to maintain respect and understanding whenever possible.

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As mediator, they are not a judge and do not make final decisions in the dispute. While experienced in family law and capable of providing legal advice to their own clients, they cannot provide legal advice to either party during mediation. It is beneficial to consult with an attorney before mediation or to retain an attorney to represent you during mediation.

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How to Prepare for Mediation

Once you decide to have Setter Roche Smith & Shellenberger, LLP mediate your dispute, our staff will send you a Mediation Agreement outlining the date, time, cost, and location of your mediation session, including whether you wish to appear in person or via Zoom. Mediations are generally scheduled for 2, 4, or 8 hours and can occur in a single session or over multiple sessions, depending on the parties’ schedules and needs.​

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Mediation Process

Mediation can occur with all parties and their attorneys in one room if they are civil and cooperative or in separate rooms. Joint sessions are often more productive, but private discussions can be held if needed. Mediation can take place in person at the mediator’s office, at the office of either party’s counsel, or via Zoom. The mediator can accommodate the approach that best suits the parties' needs.

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How Much Time is Involved in Mediation?

Mediation is generally scheduled for 2 hours for cases with resolved issues, 4 hours for one or two major disputes, and a full day (8 hours) for highly contested or complex matters. Some cases may require mediation over two days.

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What is the Cost Involved?

Mediation costs vary based on the number of hours. The mediator charges $300 per hour, and a pre-paid retainer is required: $600 for 2 hours, $1,200 for 4 hours, and $2,800 for 8 hours. Costs are typically divided equally between the parties unless otherwise agreed. If mediation resolves in less time than scheduled, the balance of the retainer fee is refunded.

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Confidentiality

Mediation is confidential. The mediator cannot be called to testify in court about matters discussed, and parties cannot be compelled to testify about mediation communications. However, third parties brought to the session can be compelled to testify. For this reason, it’s recommended that third parties do not attend mediation sessions.

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Outcome

If mediation results in a full agreement, the mediator will prepare a Memorandum of Understanding (MOU), which can be a “bullet point” outline or a comprehensive document substituting for a final Separation Agreement. The MOU is signed by the parties and filed with the court.

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Arbitration

If the parties wish to resolve future disputes or any other issues, the mediator can be appointed to mediate or arbitrate those disputes. Arbitration is a more formal process with testimony and evidence presentation, culminating in a binding Award that becomes a court order. Some parties prefer arbitration for its immediate and cost-effective resolution.

The mediator’s hourly cost for arbitration is the same as mediation but may require more time due to the formal process. Alternatively, parties may opt for “Med/Arb,” starting with mediation and transitioning to arbitration if necessary, providing a final binding Award at the session’s end.