- April 27, 2026
- Divorce
In most Denver divorce and family law cases, mediation is mandatory. Courts in the 2nd Judicial District typically require mediation before a case can move toward trial. The goal is to give both sides a chance to resolve issues like parenting time, decision-making, and property division without going to court.
This usually happens as part of the broader case management process under Colorado Rule of Civil Procedure 16.2. In practice, that means most families will need to participate in mediation at some point during the case, even if they strongly disagree at the outset.
While mediation is required, the outcome is not: you’re not forced to settle. Instead, mediation creates an opportunity to resolve some or all issues in a more controlled and less adversarial setting.
A Denver family law firm helps you prepare for mediation, identify realistic outcomes, and avoid agreements that could create problems later.
Call (720) 615-1750 to discuss your case with us.Key Takeaways for Mandatory Mediation in Colorado
- Required in Most Cases: In many Colorado domestic relations cases, mediation is often required by court process or order.
- Choose Your Mediator Early: Choosing a private mediator early in the process allows you to control the schedule and selection.
- A Path Away from Trial: A successful mediation allows you to craft a customized agreement and is a key strategy for avoiding a divorce trial.
Colorado Rule 16.2 Explained
When a divorce or custody case begins in Denver, the court issues a Case Management Order. This document is the roadmap for your case, outlining all deadlines and requirements, including the mandate for mediation.
C.R.C.P. 16.2 guides how domestic relations cases are managed, while the court may separately order mediation before trial.
The process for meeting the court-ordered mediation requirements follows a clear path:
- Receive the Court Order: A judge will issue a Case Management Order setting a firm deadline for completing mediation.
- Select a Mediator: You and the other party may select a neutral third party to facilitate your discussion. If you cannot agree, you may select one from the state’s Office of Dispute Resolution.
- Prepare for the Session: You and your attorney will gather financial documents, outline your goals for parental responsibilities and division of assets, and develop a clear strategy.
- Participate in Good Faith: You must attend the session and engage in a good faith negotiation, meaning you make a genuine effort to find a resolution.
- Report to the Court: Following the session, a party files a Certificate of Compliance with the court confirming that mediation occurred, but without disclosing the confidential details of your conversations.
What Issues Can Be Resolved in Family Law Mediation?
Mediation is a comprehensive process that can be used to settle every aspect of a divorce or custody dispute, including parenting schedules and asset division. It’s far more than a simple negotiation; it’s a constructive forum for building a new family structure.
The primary issues addressed include:
- Parental Responsibilities: This covers creating a detailed parenting plan, including a schedule for parenting time and a process for making major decisions about the children’s health, education, and welfare.
- Child Support: Parties calculate child support under Colorado’s legal guidelines, while also considering unique expenses such as extracurricular activities or private school tuition.
- Spousal Maintenance: The mediator helps determine if spousal support (alimony) is appropriate and, if so, works with the parties to establish an amount and duration.
- Division of Assets: All marital property must be divided equitably, including the family home, retirement accounts, investments, and debts.
What Happens if We Do Not Reach an Agreement?
If you and the other party cannot reach a full agreement on all issues, the mediator will declare an impasse. The case will then simply proceed along the court’s litigation track toward trial preparation and hearings.
Importantly, any partial agreements you reached during the session can be formalized, narrowing the list of issues a judge will need to decide later.
Frequently Asked Questions About Mandatory Mediation in Colorado
Do I Have To Go to Mediation if I Want a Divorce in Denver?
With very few exceptions, parties in Denver divorce cases with contested issues must attend at least one mediation session. A judge will issue an order setting a deadline, and failure to participate can lead to negative consequences in your case.
Can We Still Go to Trial After Mandatory Mediation in Colorado?
If you cannot reach a complete and final agreement through mediation, your case will proceed toward trial. Mediation is a required step, but it’s not the final one if issues remain unresolved.
Is the Mediator’s Decision Legally Binding?
A mediator doesn’t make any decisions at all. The mediator is a neutral third-party whose role is to facilitate a conversation and help you and the other party reach your own agreement.
Any agreement you reach is voluntary, and it’s typically put in writing and approved by the court as part of a final order.
Take Control of the Process With Denver Mediation Attorneys from Price Family Law
Navigating the court’s requirements for mandatory mediation can feel like one more hurdle in a difficult process. But with the right preparation and guidance, it can be a powerful tool for resolving your case efficiently and on your own terms.
At Price Family Law, we help clients understand their obligations under Colorado Rule 16.2 and use the mediation process to their advantage. If you have questions about your Denver divorce or custody case, call (720) 615-1750 or complete our online form to learn more.
Contact us today at (720) 615-1750 for a case assessment.
