MEDIATION - FREQUENTLY ASKED QUESTIONS

What is mediation? A mediation is when a neutral and impartial third person with training and skill assists the parties with communication, negotiation, problem solving and risk analysis in an effort to assist the parties in a dispute resolve the issues between them. What kinds of disputes are suitable for mediation? Any type of legal case that is filed before a Municipal, State, and Federal Court is suitable for mediation. In a majority of jurisdictions in Colorado, Judicial Officers make mediation mandatory prior to hearing a dispute between the parties. More expansively, mediation can be used to resolve any dispute between parties whether in a court of law or outside of the court system. What is the role of the mediator? The most important role of a good mediator is to remain neutral and manage the process of the mediation. The mediator is not the Judge on your case and should at all cost not form an opinion or show favoritism to one side or the other but encourage and allow the parties to facilitate ideas and options to settle the matter fully, freely and voluntarily on their own. How does a case reach mediation? A number of cases reach mediation due to court order. Other cases come to mediation through voluntary consent of both parties without a court order. Still others come to mediation upon recommendation of counsel. How much does mediation cost? Mediation costs may vary depending upon the type of case and number of parties. Please e-mail or call for my rates and fees. Who participates in mediation? Typically, a mediation consists of just the parties to the dispute and their attorney’s if they have retained one which is defined as the parties to the case. Third parties are discouraged from coming to the mediation and will typically be not allowed to participate in the mediation absent the consent of other party and their counsel. What is the role of attorney’s when present at the mediation? The role of attorney’s is to help assist the party they represent in developing options and proposals to resolve the issues between the parties. What materials should be brought to the mediation session? The mediator will define what should be brought to a mediation session. Prior to most mediations a mediator may ask that a party submit a brief and confidential statement to the mediator outlining the issues they would like to discuss during the mediation. Always remember, the mediation is not your trial and inundating the mediator with all of the pleadings in the case is normally a waste of time and not very helpful to the mediation process. Are mediations confidential? YES! One of the benefits of mediation is that all discussions and proposals made that are not agreed upon are fully confidential (absent some exceptions) and shall not be relayed to the Judge who is hearing your case. Are mediated agreements binding? This will depend upon the parties and the parameters of their agreement. In cases before the Court, most mediated agreements are not formally approved until the Court approves them and makes them the order of the Court, which happens a majority of the time. How long does a mediation take? The time for a mediation may vary depending upon the agreement of the parties. A typical mediation may take from 2 hours, to a half day to a full day or more depending upon the number of parties and the issue or issues involved. How are mediations scheduled? Parties normally will set a mediation with the mediator’s scheduler. Both parties should agree prior to have that mediator be scheduled for their matter. The mediation scheduler’s e-mail and phone number are provided in the contact section of this website.