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Mediation in a Wheat Ridge Divorce: A Lawyer’s Advice on Good Faith Mediation

On Behalf of | Nov 14, 2017 | Divorce |


During a Wheat Ridge or Arvada divorce, child custody case, or a request to modify a previous custody or child support order, mediation is usually ordered by the Jefferson County Court. Judges order the parties to attend a mediation before the they enter any orders, in hopes a settlement can be reached. A requirement for this mediation session is that the parties must mediate ‘in good faith.’ So, what does it mean to make a good faith effort in mediation?

Mediate in Good Faith: What is a Mediation Agreement in Jefferson County?

Thankfully, a good faith effort does not mean that the parties must come to an agreement. In very contentious situations, it can be practically impossible to meet in the middle, and therefore, a Jefferson County judge is left to make the decision. The mediator will simply report that the parties appeared, and tried to agree, but did not reach an agreement.

Who Determines if the Mediation is Not in Good Faith in Arvada?

Since the mediator is an impartial party, they are usually the ones who decide if the mediation was conducted in good faith or not. It’s important to comply with the Arvada mediator’s rules and deadlines. Carefully read any contracts or documentation provided by the mediator in order to comply and show your good faith effort. Finally, keep any bad attitude in check.

Mediate in Bad Faith: 3 Things That May Be Considered Bad Faith Effort in Mediation in Golden

There are 3 things you can do that will definitely result in a bad faith claim in Golden, Colorado:

1. Using inappropriate language or acting inappropriately during the mediation.

When both parties are in the same room, getting loud, cursing, or demeaning the other party does not go over well with the mediator.

2. Not preparing and supplying the required documentation before meditation:

Especially for divorce or child support issues, the mediation order will often require the parties provide updated financial disclosures. If these documents are not submitted as ordered, then mediation over financial issues is not possible. Therefore, it is seen as a bad faith move.

3. Leaving mediation early:

Mediation usually lasts about 2 hours. If you choose to leave mediation before the mediator has decided the meeting is over, then it can be seen as a bad faith effort.

If you are getting a divorce or dealing with a child custody case, contact Jefferson County’s Pearman Law Firm to ensure you have an expert family law attorney to protect your best interests at 720-259-9528  for a initial phone consultation.

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