Litigation is an inherently contentious process to go through. It’s costly. When it involves the sensitive issues involved in a divorce, that confrontation can leave deep personal wounds. Wouldn’t it be better if the spouses were able to resolve their differences without going to court? That’s not always possible, but our system has thankfully created mechanisms to facilitate resolutions of differences. That’s the goal we aim at with our Albuquerque alternative dispute resolution services.
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.
The tireless work that Michelle Cortez provided was by far the most professional, compassionate, and efficient experience.- Sonya
Michelle is a very passionate lawyer who puts in the work at every stage of a case to setup good results for her clients- Daniel
I would highly recommend her to anyone!- Jeanette
If you are looking for a fair and efficient mediated resolution to your legal issues, I highly recommend you contact Michelle.- Pamela F.
She is thoughtful, fair, and will listen to both parties with care, concern and the upmost respect for you.- Anney S.
I have 100% faith that things will get better for my children and I with her help.- Rena P.
Even if mediation doesn’t produce a settlement that both spouses can live with, there’s still one more path to try before going to court. The couples can use arbitration. They retain many of the benefits of mediation—the ability to mutually determine the third-party arbiter, the flexibility to control the scheduling, the confidentiality of what’s discussed, and the cost-efficiency that comes with fewer hours being required than in a court of law.
The significant difference is that the couples do give up their power to veto any settlement. The arbitrator has the power of a judge to make final decisions and have those decisions be given the binding power of law. But while this is not ideal for a couple, it can still be preferable to litigation.
Let ABQ Facilitation Help
Attorney Cortez has been providing Albuquerque alternative dispute resolution services for a long time. That experience has given her strong working knowledge about how the process can work and how to get pass difficult issues. That same experience has also given her a deep personal compassion for the spouses involved. She’s not here to judge anyone. She’s here to help spouses get through this period in their life and look forward to a better future.