Mediation: A collaborative divorce did not work out -- what are my options now?

Mediation is assisted settlement negotiation in which an independent, third-party neutral provides the parties with legal information (but not legal advice) to help them reach and memorialize a written settlement agreement. Sara generally likes to meet with parties in a series of sessions (which typically last about two hours) and work through the issues in their case according to agreed-upon agendas which Sara creates with their input. She can draft all of the documents that the Court will require, and can help you figure out which documents you’re comfortable drafting yourself.

Sometimes, emotions can runs so high during a divorce, that attempting collaborative law does not work out as expected. If you and your spouse cannot reach a friendly agreement, the case might have to be taken to court. An experienced Boulder divorce attorney like Sara Ross can help you figure out whether litigation should be your next course of action -- call for a consultation.


Sara Ross: "In the event the collaborative process fails—that is, they cannot come to an agreement on all or part of the issues—the lawyers will withdraw and they have to hire new counsel who will then litigate the case with them. People have a reasonable concern that that may cost a lot of money to have to hire new lawyers, but the amount of work that gets done in the collaborative process and how quickly it gets done is awe-inspiring.

If the collaborative process fails and you end up litigating, you've come a really long way. You understand all the issues. Hopefully you understand a lot of the issues. You probably have a lot of information from the other side, and they understand a lot about where you're coming from. It's also possible to settle some of the issues collaboratively and then litigate some."