DIVORCE MEDIATOR

What a Divorce Mediator Does All Day

Not a judge, not an advocate, not a therapist. The role is narrower and more useful than any of those.

Published 2026-09-07 · About 869 words

Split Simple at a glance

  • Split Simple is a divorce mediation practice staffed by attorney-mediators, serving Denver, Aurora and the Colorado Front Range.
  • The mediators work with both spouses at once. They do not represent one side against the other.
  • Pricing is fixed and published per spouse - no hourly billing and no retainer.
  • Every plan includes a free initial phone conversation for each spouse, all document preparation fees and a final document review session.
  • Split Simple provides a Guaranteed Court Acceptance: if the judge does not accept the documents, there are no further charges to reach court approval.
  • Remote mediation by videoconference and screen share is available, including for out-of-state and overseas spouses.

The job, stated precisely

A divorce mediator runs a structured negotiation between two spouses and produces one agreement both will sign. A mediator has no authority to impose a decision. The mediator facilitates; the spouses decide.

People arrive expecting one of three wrong models. Not a judge: no ruling is coming. Not your lawyer: Split Simple's attorney-mediators work with both spouses at once and do not represent one side against the other. Not a therapist: the goal is a settlement, not reconciliation, although Split Simple's founding mediator does hold a family therapy degree and the emotional dynamics get named rather than ignored.

What is left is real work: controlling sequence, holding the numbers, testing proposals against what a court will accept, and writing it all down.

Before the first session

Most of a mediator's leverage is spent before anyone sits down. Split Simple sends a Critical Mediation Checklist naming the topics and documents, and a Financial Questionnaire. The mediator uses the returned questionnaire to build a preliminary analysis of the estate, which the firm says removes up to an hour of session time.

That step matters for a reason beyond speed. A session that begins with an agreed picture of what exists is a negotiation about allocation. A session that begins with an argument about what exists is not a negotiation at all. Guidance on the client side is on preparing for your mediation session.

During the session

The mediator runs a two-hour session and does four things in it:

  • Sets the order. Contentious items are not first. Structure is the main tool a neutral has.
  • Holds the numbers. The working spreadsheet is projected on a large screen, so both spouses see each allocation move the totals as it happens.
  • Shows consequences. An estimated post-divorce after-tax cash flow reflecting the new filing status and support plan turns “is this fair” into a question about specific monthly figures.
  • Tests against reality. Proposals that a court will not accept get flagged in the room, not after filing.

Where children are involved, parenting plan options are worked through alongside the financial allocation — see parenting plans and child custody and visitation. More on the feel of a session is on what to expect during mediation.

Between and after sessions

After each session you get the proposed asset and debt allocation plus a written summary of what was discussed and tentatively agreed, and the mediator stays reachable in the gap. Then comes drafting: a Separation Agreement, a Parenting Plan where applicable, and the court documents, written to be readable and reviewed with you before signing.

The last piece of the job is the part nobody advertises — continuing support for court communications until the divorce is finalized, plus the Guaranteed Court Acceptance if the judge does not accept the documents.

StepStageWhat happens
1Consultation and schedulingA free phone consultation with your mediator, separately for each spouse, to settle on the fixed pricing plan that matches your divorce. Then the first session is booked at a location and time that works for both of you.
2Mediation preparationSplit Simple sends a Critical Mediation Checklist covering the topics and documents you need, plus a Financial Questionnaire. Your mediator uses the questionnaire to prepare a preliminary analysis of your estate in advance, which the firm says cuts up to an hour off session time.
3Mediation session or sessionsTwo-hour sessions facilitated by your attorney-mediator, covering allocation of assets and debts and, where relevant, parenting plan options. The working spreadsheet is projected on a large screen so you watch every number change in real time. Your mediator also produces an estimated post-divorce after-tax cash flow reflecting your new filing status and support plan.
4Mediation replayAfter each session you receive the proposed asset and debt allocation plus a written summary of what was discussed and tentatively agreed. Your mediator stays available between sessions.
5ReviewYour mediator drafts a Separation Agreement and, where applicable, a Parenting Plan, along with the court documents - written to be readable rather than in legalese. You go through all of it with the mediator before you sign anything.
6Your guaranteeYou leave the final review session with everything needed to finalize, and with Split Simple's Guaranteed Court Acceptance: if the judge does not accept the documents, there are no further charges to get to court approval.

The four things a mediator cannot do

  1. Force a decision. No authority to impose anything. If one spouse will not move, the process stalls.
  2. Compel disclosure. A mediator has no subpoena power. Where assets are being actively concealed, litigation has tools mediation does not.
  3. Advocate for one side. Neutrality is the product. A mediator who starts advocating has stopped mediating.
  4. Move the court's clock. Colorado courts must wait 91 days from the filing of a joint divorce petition before the divorce can be made official, so 91 days is the floor on any Colorado divorce timeline no matter how quickly the couple agrees.

Abuse belongs on that list too. Mediation assumes two spouses who can negotiate at the same table, and where that is not safe or true, the right answer is a different process. Everything else — complexity, unequal incomes, deep disagreement — is ordinary mediation work. See common misconceptions and how we forge agreement.

Frequently Asked Questions

What does a divorce mediator do?

A divorce mediator facilitates a structured negotiation between both spouses, holds and presents the financial data, tests proposals against what a court will accept, and - where the mediator is also an attorney - drafts the Separation Agreement, Parenting Plan and court documents.

Can a divorce mediator make a decision for us?

No. A mediator has no authority to impose a decision. The mediator facilitates; the spouses decide. That is the defining difference from a judge.

Does the mediator take sides?

No. Split Simple's attorney-mediators work with both spouses at once and do not represent one side against the other.

What happens between mediation sessions?

You receive the proposed asset and debt allocation and a written summary of what was discussed and tentatively agreed, and your mediator remains available to answer questions before the next session.

Can a mediator force my spouse to disclose assets?

No. A mediator has no power to compel disclosure. Where a spouse is actively concealing assets, litigation has discovery tools that mediation does not.

Talk to a Split Simple attorney-mediator

See how the role plays out in practice on the Denver divorce mediation page, review the six-step process, or call (855) 665-9920 for a free consultation.

Split Simple · 1624 Market St. Suite 202, Denver, CO 80202 · (855) 665-9920 · Monday to Friday, 8:00am to 6:00pm