MEDIATION

As the artist in the background, Mediation let's you design the outcome of your case.

Mediation enables the parties to work through a neutral, the mediator, to find mutual solutions to their differences.

As a practical matter, Mediation is the only opportunity the parties have in the judicial process for self-determination - To exercise their Decision Making and Influence to mutually determine an acceptable outcome as resolution to their conflict - before taking their case through a litigated process and have a judge decide for them. 

Key Practical Aspects

  • It's an alternative to a litigated outcome.​

  • The parties have control over the process; they define their own resolution.

  • The agreement is intentional and relevant to the parties.

 

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On Mediation:

  • As you get ready and start preparing for mediation, keep in mind mediation is not a practice of law. Mediators do not give legal advice or tell the Parties their legal duties. The Mediator is a neutral third party and will not offer legal advice. The Parties have a right to obtain their own attorney for legal advice and are encouraged to do so.

  • Mediators will not make decisions about the case and will not tell the Parties what to do regarding the case.  Mediators will not tell the court anything about the mediation except that the case did or did not reach a resolution. Mediators are not either parties' representative, and do not have the authority to try to influence the court's opinion over the case. 

Options:

  • With the objective of trying to resolve conflict, reach understanding, and/or keep a higher level of self-determination over the case, some parties consider the following options:

  • Conflict Coaching, provides an option to explore possible resolutions before going into mediation.​

  • Private Mediation, offers the parties higher control, management and self-determination over their case.​

  • ODR Mediation, mediation services offered by the Office of Dispute Resolution (ODR) as part of the judicial system. 

 
Teamwork of business lawyer meeting work

WHERE TO START?

Information at a Glance

Disclaimer: The content offered in this website is of public domain; it is intended only as a public service for information purposes. For updated information, court documents and procedures, visit the Colorado State Court website. For legal advice specific to your case contact a licensed attorney.

Colorado Judicial Branch

Colorado State Court

https://www.courts.state.co.us

Colorado Court Location / Information

https://www.courts.state.co.us/Courts/District/Choose.cfm

All Court Forms & Instructions

https://www.courts.state.co.us/Forms/Index.cfm

OTHER SOURCES

 
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GETTING READY

Preparation has to do with understanding yourself as much as you do the other person.

PREPARATION

Prepare for mediation so that:

  • You are clear about what is important to you,

  • About what you want to present and how you want to present it, and

  • What you want the other party to understand.

COMMITMENT

  • As you think about the dispute, what is at the heart of the matter for you. What factors contributed to this dispute?

  • Expect to engage in a meaningful dialogue with the other party.

  • Imagine the other party's concerns and your possible options for addressing those concerns.

  • Come to mediation with possible options for resolution - think out of the box, be creative.​

  • Consider open communication without losing respect for yourself and the other person.

  • Gather and organize any documents you believe may help you explain your points, however, remember mediation is not a trial or arbitration; there is no burden of proof to be met.​

  • Review and bring to mediation your court documents as they may be applicable to the resolution of the matter.

  • Are there any related concerns that need to be addressed in mediation.

Disclaimer: The content offered in this website is of public domain; it is intended only as a public service for information purposes. For updated information, court documents and procedures, visit the Colorado State Court website. For legal advice specific to your case contact a licensed attorney.

 

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Beyond Borders Mediation
Beyond Borders Mediation