Mediation Myths – Part 2
If we do not settle, everything I said in mediation can be used against me. Colorado has a specific rule of law that makes everything said at mediation confidential and cannot be used in court later. The purpose is to encourage the parties to make offers of compromise to reach an agreement knowing that they will not be held to those offers if no agreement is reached. Additionally, we require the parties to sign a confidentiality agreement that restates the understanding in writing.
I do not want to show my hand if there is no settlement. There are no longer any surprises in the courtroom as both sides are required to disclose everything related to their case before you ever get to court. Colorado divorce law requires early mandatory disclosure of all financial and relevant information to the other side.
They won’t be reasonable, so why pay for mediation? Having been involved in the legal system for 25 years, Scott Baroway can spend the time with the parties to hear their side of the case, understand their situation, and come up with various options that the parties may have never considered. Often, this input gets everyone to look at the case in a slightly different way, which often leads to meaningful discussions toward settlement.
If you would like to discuss your situation further, please give me a call.