Facing the unknown is stressful. Blindly walking through the divorce process often causes fear and uncertainty. Let’s shed light on what to expect during divorce settlement facilitation in Albuquerque.
What is Divorce Settlement Facilitation in New Mexico?
Divorce settlement facilitation is a process where a trained, experienced, and neutral facilitator attempts to guide two sides towards a resolution. The facilitator is often either an attorney with a long history of trial experience, or a former judge.
In Albuquerque, every divorce case must complete settlement facilitation before a trial will be set. The court requires settlement facilitation to be completed because most divorce issues can and should be resolved without the time and expense of trial.
What is the Difference between Divorce Mediation and Divorce Settlement Facilitation?
In family court, mediation and settlement facilitation basically have the same meaning. Both terms are used to describe a process where a third party (mediator or facilitator) attempts to guide the two parties towards a resolution.
What Makes a Good Divorce Settlement Facilitator?
All marriages and divorces are different. Likewise, all divorce settlement facilitators have unique backgrounds and are not created equally. An effective divorce settlement facilitator usually has the following traits:
- Deep understanding of New Mexico law;
- Long history of actual trial practice;
- Understanding of how the assigned judge rules on particular divorce issues;
- Patience, empathy, and listening abilities;
- Thinks outside of the box and comes up with creative solutions; and
- Gives a reality check regarding unreasonable demands.
What Makes a Bad Divorce Settlement Facilitator?
I’ve experienced some great and effective settlement facilitators. I have also experienced some – to put it nicely – less effective facilitators.
In my opinion, the following traits are common with bad Divorce Facilitators:
- Clear bias. Basically someone hired their friend to be the facilitator;
- Lack of trial experience and real world experience;
- Talks about case law vs. how the assigned judge will likely handle the issue;
- Lack of understanding how the assigned judge usually decides issues;
- Long absences from practice and disconnect; and
- Specializes in different area of law.
Ineffective divorce facilitators generally lack real world experience. This lack of experience hurts the facilitator’s ability to guide the parties towards a fair resolution. Often a fair divorce resolution involves both parties giving a little to meet in the middle. This middle ground should be as close as possible to what one would expect to receive in trial.
Ineffective divorce facilitators are often unclear where they are aiming – and you can’t hit a target if you don’t know where it is.
Tips for a Successful Settlement Facilitation in Albuquerque
Here are some suggestions on how to increase the effectiveness of your settlement facilitation:
- Come to the settlement facilitation prepared;
- Treat the settlement facilitation like a mini trial;
- Have all of your asset and debt documents organized and ready;
- Provide your attorney with requested documents in advance;
- You’re on the clock. Don’t waste time searching for documents during the facilitation;
- Choose a facilitator that has a long history of litigation experience;
- Understand that both sides usually have to give a little to reach a fair middle ground.
How Much Does a Divorce Settlement Facilitation Cost in Albuquerque?
The facilitator’s fees are generally a flat fee of around $1,000 for four hours. Any time over four hours generally costs about $200 to $250 per hour, for the facilitator’s fees.
Attorney fees are separate from the settlement facilitator’s fees.
Am I Required to Complete Divorce Settlement Facilitation in Albuquerque?
In Albuquerque, one must participate in divorce settlement facilitation before the court will set a trial.
What Happens During Divorce Settlement Facilitation in Albuquerque?
The settlement facilitation usually begins at 9:00 AM. The two sides are almost always in separate rooms. The facilitator meets with each party individually and reviews the “Confidentiality Agreement.” The Confidentiality Agreement outlines the following:
- The facilitator is a neutral party and not an attorney for either side;
- The facilitator’s statements are not legal advice;
- All statements made during the facilitation are confidential;
- The parties agree that they cannot force the facilitator to reveal confidential info;
- A party violating the agreement is responsible for costs and fees caused by the violation.
After each party signs the Confidentiality Agreement, the facilitator then meets with each side. The facilitator speaks with each side to get an understanding of the facts, positions, and issues. The facilitator than relays offers and counter-offers, in an attempt to reach a resolution.
When a resolution is made, the parties will sign a Settlement Agreement. The Agreement outlines the terms of the parties agreement reached at facilitation.
What Happens When Divorce Settlement Facilitation Fails?
When divorce facilitation fails you will be heading to court – for better or for worse. You place all issues into your judge’s hands who determines your future – for good or ill.
Don’t expect a judge to welcome your divorce trial with open arms and a smile. Most judges believe that every divorce case should settle outside of court, and openly express his opinion at pre-trial hearings. Albuquerque judges routinely warn the parties that it is best to reach an agreement and have control over the outcome.
Since COVID hit, the courts have been experiencing long delays, closures, and continuances. Routine motions are taking three to six months to be set for a hearing. Some issues — such as establishing paternity, custody, and time-sharing – are now being automatically referred to settlement facilitation before a hearing will be held.
Some non-emergency hearings are not getting set at all. In essence, since COVID hit, Albuquerque judges have non-verbally told attorneys, “resolve your non-emergency issues outside of court.” Don’t expect a warm welcome if a non-emergency issue fails to resolve outside of court.
Who are the Best Divorce Settlement Facilitators in Albuquerque?
An effective settlement facilitator in Albuquerque is a seasoned and has weathered many trials and storms. Here are some of the best divorce settlement facilitators in Albuquerque:
- Gregg Velasquez;
- Judge Angela Jewell;
- Mike Danoff; and
- Judge Deborah Davis Walker.
(505) SANCHEZ HELPS YOU UNDERSTAND THE DIVORCE SETTLEMENT FACILITATION PROCESS IN ALBUQUERQUE
Do you have questions about your divorce and settlement facilitation in Albuquerque? Matthew Legan Sanchez is an experienced NM divorce trial attorney in Albuquerque that can help you finalize your divorce. Sanchez can be reached by calling (505) SANCHEZ.
Divorce settlement facilitation attorney in Albuquerque New Mexico
