Mike Hulen is an experienced family law mediator. He has practiced family law for over 34 years, including almost 20 years in Colorado. (Moved here from his native Arkansas in 1988). Mike strongly believes in mediation as a process which can save thousands of dollars in attorney's fees and litigation costs, provide a fair resolution of all issues (including parenting time, property division and financial issues) and allow the parties to much more promptly conclude the emotion laden divorce process, while crafting their own agreement - rather than leaving it to the Court in a Permanent Orders hearing, which may extend matters for months and result in decisions neither party wanted.

Most Courts require that parties participate in mediation prior to setting Permanent Orders (final) hearing. While such participation is usually mandatory, the mediator has no power to issue orders or force agreement on any issue. Each party must be willing to work together in the spirit of good faith and reasonable compromise. Parties wishing to participate in mediation may either be represented by attorneys at the mediation session or may appear by themselves.

Prior to mediation, the parties sign a mediation agreement, confirming their understanding that the mediator does not provide legal advice to either one of them; rather, he is attempting to help the parties find reasonable solutions to their various issues. He makes suggestions based upon his knowledge and experience - what do most Judges do when faced with similar issues and how have other attorneys and parties handled similar issues in other divorce cases.

The mediator's hourly fees are usually similar to that charged by a family law attorney. The parties normally share the mediator's fees.

Before the mediation session, the parties or their attorneys will send the mediator the parties' sworn financial statements and a letter outlining the issues and the relevant evidence/arguments for and against. The mediator will have reviewed these documents prior to your arrival at the mediation session. Depending on the issues to be mediated, a typical mediation session may last a couple of hours, a half day, or all day. If the parties (and their attorneys, if any) are fully prepared when they arrive at mediation, agreement on all or most issues can usually be reached in a single session. However, it is not unusual for the most complex issues (including children's issues) to justify one or more additional mediation sessions. The goal is to accomplish reasonable agreement on all or as many issues as possible and as quickly as possible.

Usually, the mediator begins the session by briefly talking with both parties, together. Any issues which the mediator knows (from their respective position papers) could be close to agreement may be settled by discussion among the mediator and both parties. Frequently it helps to then place the parties in separate rooms, with the mediator privately discussing the issues and positions with each party. The mediator will only share with the other party what the first party authorized.

At the conclusion of the first mediation session, several things happen:

1. If agreement on all or most issues has been reached, a "Memorandum of Understanding" will be prepared by the mediator and both parties may sign and date the agreement (or they may take a copy of the agreement, unsigned, to their respective attorneys for review and discussion);
2. The parties may be asked to provide additional information or documents to the mediator (and to each other) so that issues which were discussed but not resolved may be again reviewed for possible agreement;
3. The parties will decide if another mediation session would be helpful, and if so, it may then be scheduled.

Confidentiality: The mediator may not be called as a witness for either party and may not be forced to testify about anything a party said during mediation. Any offers or proposed agreements by either party, or suggestions of the mediator, are not admissible in any hearing. The Courts and Colorado Law recognize the importance of confidentiality when parties are attempting to fairly resolve issues via settlement in mediation.

Mike Hulen has served as a family law mediator on many occasions and has also represented clients in mediation sessions. Mediation is a cooperative process which usually results in a savings to both parties of thousands of dollars in attorney's fees and costs, and which usually results in a much earlier resolution of the case than proceeding to a Permanent Orders hearing. It also places in the hands of the parties much more control over the important decisions that must be made regarding children, support, maintenance, property, and other financial issues. Mediation substantially contributes to lessening stress and hard feelings against the other party. Cooperation between the parties/parents also means less emotional burden for the children.

Call Hulen & Leutwyler for a free consultation to discuss how mediation may help you.

303-932-8666