ADR/Mediation: A Less Adversarial Way To Resolve Civil Disputes

Mediation uses a neutral party (usually a lawyer) to help the two sides in a civil dispute reach a settlement out of court. A form of alternative dispute resolution, mediation is a way to reach a resolution that will make both sides feel comfortable – at a reasonable cost.

At Albert V. Evans, Attorneys at Law, I, Albert V. Evans, am committed to providing strategic representation in civil matters. In Colorado, mediation is mandatory in civil litigation that involves more than $100,000 in damages. Mediation may also be required in child custody disputes and is increasingly ordered by judges in a wide range of civil law cases. While I am not a mediator, I often represent clients who go through the mediation process.

Types Of Cases Suitable For Mediation In Colorado

There are a number of civil disputes in Colorado where mediation can serve as a viable approach. Some of those disputes include:

• Family law disputes: Mediation can primarily be used to resolve family disputes related to divorce, such as determining parenting schedules, negotiating child and spousal support payments, division of marital assets and more.
• Landlord-tenant disputes: Both parties can utilize mediation to address issues like nonpayment of rent, security deposit disputes and property maintenance issues.
• Contract disputes: Mediation can be used to resolve disputes surrounding breach of contract, disagreements over the terms and conditions of contracts, and other related matters.
• Employment disputes: Employers and employees can utilize mediation in Colorado to resolve issues surrounding wages, overtime pay, employment misclassification and discipline/termination.
• Neighbor disputes: Neighbors can use mediation in Colorado to resolve issues surrounding noise and nuisance, property line and access disagreements, parking disputes and more.

If you have any additional questions about whether mediation is an appropriate approach for you and your situation, please do not hesitate to reach out. Learn more by calling my office at 303-495-0080.

The Mediation Process In Colorado

Here is a breakdown of how it typically works:

1. Selection of mediator: Parties select a mediator, either by agreement or through a court-appointed list. This can take up to a couple of weeks.
2. Initial meeting: Mediator meets with parties to explain the mediation process and set ground rules. This is also where parties sign confidentiality agreements. The process can take a few days to a week after selection.
3. Information gathering: Parties provide necessary documentation and information relevant to the dispute. This process can take anywhere between one to two weeks, depending on the complexity of the case.
4. Mediation sessions: Multiple sessions may occur where parties discuss issues and explore solutions. Sessions are confidential and without prejudice. Sessions can last up to several hours for a few days or even a couple of weeks, depending on the nature of the dispute.
5. Negotiation and proposal: The mediator facilitates negotiation by helping parties develop and propose solutions. How long this process takes can depend on each party’s willingness to compromise.
6. Drafting agreement: If parties reach a resolution, the mediator can help parties draft a settlement agreement. The agreement should be in writing and signed by both parties. It can typically take a few days to draft a formal agreement after reaching one.
7. Final agreement: Final review and signing of the agreement by all parties. In some cases, the agreement may need to be filed with the court if it is part of a broader legal case. This process typically only takes a couple of days.

I am here to guide you through each of these steps and ensure you have what you need to engage in productive negotiations.

Why You Need Legal Advice In Mediation

The mediator does not represent the interests of either side in mediation. Rather, the mediator is a neutral facilitator who helps both sides reach an agreement. The mediator cannot give legal advice to either side. Mediation is confidential. What is said in mediation stays in the mediation.

While the outcome of mediation can be an agreement that both sides can live with, it can also be an agreement that favors the more verbal or aggressive side. If you are going through a divorce because your spouse was too dominating, that same behavior can affect your mediation sessions. If the result were a skewed or unfair agreement, then mediation would not really be beneficial to either party.

The results of mediation, an agreement, are binding on both sides. Therefore, you should always seek an attorney’s advice prior to mediation to find out your rights and reasonable expectations for the potential mediated agreement. Having an attorney advise you before your mediation sessions can prepare you for what is ahead. Having an attorney present for the mediation can be even more important. You then have immediate access to your lawyer for any questions you may have.

How Can Mediation Help You?

Call my Centennial office at 303-495-0080 or send me an email to arrange an initial consultation.