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Last Updated:    01/12/17 05:10 AM


 

Mediation is the Parties Process

  
What is Mediation?

Mediation is an alternative dispute resolution process.  It is a confidential process where parties who have issues (disputes) express their differences in a neutral setting.   The discussions are facilitated by a neutral third party (the mediator) who facilitates the communication process.  

A significant advantage of the mediation process is that the disputants develop their own resolution avoiding, the imposition of  an outside party's (such as a judge's or arbitrator's) resolution.  Generally, when the disputants reach an agreement, they will adhere to it because they have had the opportunity to be heard and to contribute to development of the resolution.

When the parties reach agreements the mediator will assist in the drafting of a Memorandum of Understanding (sometimes referred to as a Mediated Agreement).  This agreement when executed can be submitted to a court of competent jurisdiction for inclusion in a subsequent order.  Mediators do not enforce the agreements.

Professionally trained mediators facilitate the communication process between the parties and help the parties identify their needs, concerns and underlying issues.  The process often serves as an opportunity to address other issues and emotions that may otherwise prevent a resolution of the issues between the parties.

Mediation is not therapy nor will your mediator provide advice or counsel.  The mediator will not offer financial or legal advice.  The mediator will not advocate for either party. 

Your mediator may offer suggestions to facilitate the parties process and alleviate the tensions which may occur during the mediation.

Mediation can be used in most disputed situations including:  business relationships, family relationships, job related issues, consumer issues, neighborhood disputes, divorce, homeowners association issues, consumer issues, and local court cases.

Remember  Mediation is the Parties Process - The parties own the process. 

Why should I chose Mediation? Generally, mediation provides a more satisfactory result.  Since, the parties "work-out" their own solutions they usually find the resolutions to be more "in tuned" with their individual needs.  

Further, studies show that the cost of mediation is significantly less than litigation especially when compared to trial costs.

 

What is Court Ordered Mediation?  Court ordered mediation is provided for by statute.  The Colorado Legislature has provided for court ordered mediation in an attempt to reduce litigation and based upon a belief that mediation leads to resolutions which require less future interventions (enforcement) by the courts.

 

How is it different from voluntary Mediation?  Court ordered mediation does not mean the process need be less effective than voluntary mediation.  In fact, in high conflict disputes, court ordered mediation may lead to the parties developing a more satisfactory resolution than would be provided for by the judicial process. 

 

Are mediators really impartial? Professional mediators are trained to be and remain impartial during the mediation process.  While people have a natural tendency to develop feeling and bond with others, your mediator has been trained to avoid those feeling in the mediation setting.  You can be assured that your mediator will remain impartial. 

 

What do I need bring to Mediation?
  • An open mind

  • A willingness to commit to the process.

  • A list of all issues and concerns you wish to discuss.

  • Supporting documentation pertaining to the issues and concerns. 

 

 

 

 

 


 

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