Steve McBride, CDFA, Mediator, Divorce Finance Consultant Steve McBride Colorado Mediator and CDFA

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  Our mediation service assists parties who wish to reach an agreement without unproductive conflict. We serve parties whether or not they are represented by an attorney, and can mediate the entire settlement or just the financial issues.  
     
  Steve McBride, CDFA, Mediator

Steve McBride, CDFA has satisfied the requirements of the Colorado Council of Mediators as a Professional Mediator, and has helped many couples complete the divorce process inexpensively and with dignity.

For more information, call Steve on
303 867 1400.

 		  
     
       

Mediation

Contents

  

Mediation is a process where the mediator, acting in an impartial, neutral way, helps the parties to reach an agreement.  This page answers many of the questions that people have about mediation.

The goal of mediation is to reach an agreement that is satisfactory to both parties.  Mediation can result in much more customized and creative solutions than can typically be achieved by the Court, since the Court has very limited time and is bound by the law in its decision-making.

Typcially, we are asked to help the parties with the entirety of their agreement:  Parenting Plan, Child Support, Division of Property and Debts, and Spousal Support.  The agreements reached are incorporated into a Memorandum of Understanding that the clients then file with the Court and is incorporated into their Divorce Decree.

Is mediation right for us?  If you have not retained attorneys to represent you, and you can discuss your issues and have some level of trust, but need someone to provide a safe place for the discussion and to provide input and assistance to your discussions and decision-making process, then mediation could be right for you. 

If you have retained attorneys, then your attorneys will most likely seek the services of a mediator to help you reach agreement so that you do not have to go to Court.

What does the divorce mediator do? During the mediation process, the mediator will assist the parties to exam the issues; communicate the facts, needs and desires; encourage each side to really understand the other side's needs and position; and stimulate the development of options and solutions. It is important that both parties treat each other with respect and focus on future needs, rather than focusing on past misdeeds or finding fault.

For most mediations, we will help you look in detail at the financial aspects of your situation and prepare financial reports and projections to help you to work out what options make sense for you to consider, taking into account your needs, resources and tax implications.  We can do amendments to scenarios live, projected onto a screen in our conference room so that you can see the implications of various changes in possible settlements. 

We also help with developing parenting plans.

How are we different than other mediators? 

  • Many mediators prefer to put the parties in different rooms and shuffle between the rooms to try to reach an agreement.  Our approach is normally one of problem-solving together with the parties in the same room to try to reach agreements that are best for the parties and their children.  However, we sometimes will "caucus" (separate into different rooms) if that is what will help the parties to reach agreement.

  • We are also different in that we provide in-depth financial analysis and planning for both parties so that they can really understand the financial implications of their decisions. 

  • We try to encourage communication between the parties and to reduce unhealthy conflict.  Often getting the facts presented in way that everyone can understand them can help overcome anxiety.  However, it is also important that fears be recognized and needs addressed in a constructive way.

  • Finally, retirement plans often need to be valued or divided.  We have expertise in helping clients with these issues.

The mediator cannot give legal advice to the parties, even if the mediator is an attorney.  Parties in a mediation are strongly encouraged to seek legal advice, if for nothing else than to review the final agreement.  Many attorneys will providing consulting services for an hourly rate to review an agreement and advise on legal rights and obligations.

Who makes the decisions?  The mediator will not make your decisions for you --that is what arbitrators and judges are for. The mediator will help you to reach your own agreements, which in the long run should be more workable and satisfactory than those imposed by a third party.  You are more likely to implement an agreement that you helped forge than one that was crafted by someone else.  Judges also usually do not have time to be creative or to develop a settlement which is unique to your situation.

Mediation is voluntary.  Mediation cannot work if one or both parties have been forced to attend.  Either party is free to leave the mediation at any time.

Mediation is confidential.  The mediator is bound to keep confidential all communications related to the mediation and cannot be used as a witness if the matter goes to court.  Similarly, the parties are bound by confidentiality and are not allowed to use any information discovered during the process of the mediation in court.

Parties may have advisors to help them in the mediation.  Advisors can include attorneys, financial analysts, parenting professionals, therapists, etc.  With the exception of the attorneys, who may only act for one party, the advisors may be jointly appointed, or advise only one of the parties. 

For the mediation to be binding, the agreements must be reduced to writing that both parties sign.  The mediator may draw up the agreement, or this may be done by an attorney representing one of the parties.

Finally, mediation should be less costly than other alternatives involving divorce professionals. Rarely should a mediated case without retained attorneys cost more than $5,000.  Litigated cases can easily cost in excess of $40,000, even if they are settled before going to trial.

 

Our Services
Our Services
Mediation
Early Neutral Evaluation
Collaborative Divorce
Litigation Support
QDRO drafting

Helpful Information
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 Benefits
 Divorce Planning
 Maintenance
 Child Support
 Property Division
 Retirement Plans
 Tax Planning
 Post Divorce Checklist
 Common Mistakes
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 Rent v Buy
Health insurance
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5600 Greenwood Plaza  Blvd, Suite 255, Greenwood Village, CO 80111  Phone:  303.867.1400  FAX 303 800 8230 email:  info@divorcefinancecolorado.com
 (c) Steve McBride LLC.  Divorce Financial Advisor and Divorce Mediator serving Denver, Arapahoe County, Douglas County, Boulder County, Broomfield County, Adams County, Jefferson County, Eagle County and Summit County.