If spouses and their lawyers are unable to reach a settlement agreement through direct negotiations, there are two primary means of alternative dispute resolution—mediation and arbitration.

Mediation is the first one to try. The spouses agree on a mutually acceptable mediator who will oversee their negotiations. The mediator does not have the power to impose a settlement, or any aspect of the settlement. What the mediator—also called a settlement facilitator--can do is try and open up lines of communication, look for solutions that the parties involved may not be able to see, and generally help the parties push beyond the impasse. 

Spouses retain control. They decide who the mediator is. The session(s) are held at a time mutually acceptable to both of them. Everything discussed is confidential. An unfortunate reality of divorces is that sometimes things get said and done that neither spouse wants to become public knowledge, especially if children are involved. Court proceedings are matters of public record. Mediation, on the other hand, is private. 

Bernalillo County believes in mediation so strongly that spouses who do go to court are mandated to have at least tried mediation. Attorney Cortez’s commitment to mediation is underscored by the fact that she offers free mediation sessions to those who can’t afford a lawyer. She hosts Mediation Mondays at the Second Judicial District Court in Albuquerque.