Mediation is the Parties Process

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.  Under Colorado law mediation sessions are not discoverable, nor can the mediator be call to testify in any judicial processing except with regard to disclosure of a crime.  The discussions are conducted 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.