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.
Colorado Mediation & Resolution Services