Motions and Mediation

Part of the court process involves asking the court for remedies. A motion is used to ask the court for something and the request is made in a motion. Then the other party can respond to the motion and after that the first party can reply to a response. The response can not raise new issues outside of the motion, and the reply can not raise new issues outside of the response. Parties must confer before filing a motion. This means that you have to contact the other party to see if they agree with the motion or they are opposed.

The reason for conferral is so that the parties can discuss the situation and possibly reach agreement before asking the court to resolve the issue. A court can deny a motion if you do not confer or reference the correct law. The standard JDF motions will have the relevant law in the caption. However, you will not find a specific JDF form for motions that are not common. You can find a general motion form where you have to fill in the correct law and the subject matter of your request. This for is JDF 76. Be careful to make conscious decisions about what you ask the court for. Courts do not favor frequent filers, particularly if the request is not researched and not base din the law. If you represent yourself, then the legal research is up to you.

If parties do not reach an agreement, the court will decide some or all issues. Parties can resolve issues through negotiation or mediation. Mediation is a process where a third party neutral assists the parties in attempting to resolve legal issues. Mediation is generally required by courts in domestic relations actions. Mediation communications are confidential in order to encourage open disclosure and discussion in an attempt to resolve the situation. If parties feared having their words and offers used against them, then they would not be as open and fewer issues would be resolved.

Mediation is generally conducted remotely with mediators going back and forth between the parties discussing the situation and relaying settlement offers. Most courts require two hours of mediation, however there is no limit and parties may mediate as many times as they like and as for long as they like. It is possible to utilize mediation to create a parenting plan and separation agreement to submit to the court for issuance as an order with the goal of resolving all issues. However, reaching complete agreement in mediation requires parties who are motivated to reach agreement constructively and who can be civil to each other in the process.

A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. Give yourself the benefit of hiring one. This allows you to focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has 24 years of legal experience and protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.