Mediation FAQs

  • What if I don’t want to be in the same room with the other party?

    Parties can request to be in separate rooms. If that’s the case, then the mediator will “shuttle” between the two parties, relaying each party’s issues and positions to the other party. This process can be very effective if there is a high-degree of animosity between the parties or one party feels intimidated by the other. To be effective, it’s important for the mediator to have excellent listening skills so that they can understand and accurately articulate each party’s issues and positions. Not surprisingly, shuttle mediation generally takes longer than face-to-face mediations.

  • Can parties mediate if there is a protection order in place?

    Most mediators will not take cases where there is a protection order (also known as a restraining order) in place unless the order explicitly allows for parties to have contact for mediation. I have a policy of not accepting such cases unless explicitly allowed by the court. 

  • Do mediations have to be conducted in person?

    I believe that mediation is most effective when parties are willing to meet face-to-face.  However, this may not always be practical or feasible. In such cases, mediations can be conducted telephonically. What’s lost in telephone mediations are important non-verbal communication signals such as body language, facial expressions, eye contact, etc. An alternative that is becoming increasingly popular as technology advances are video conferencing platforms like Zoom and Skype. Video conferencing provides an effective compromise between face-to-face mediations and telephone mediations. The downside of video conferencing is high bandwidth requirements, reliable internet services and a comfort level with technology by the parties. 

  • Are all mediators attorneys?

    No. While many attorneys also offer mediation, many mediators (including me!) are not attorneys.

  • What are the requirements to be a mediator? are mediators licensed?

    I live in Colorado and there are no licensing requirements for mediators in this state. Courts, however, generally have a de facto requirement that mediators have at least 40 hours of mediation training. In addition, many mediators – including me – choose to align themselves with professional organizations such as the Mediation Association of Colorado (MAC). In order to be listed as a professional mediator by the MAC, it’s necessary to have completed 40 hours of mediation training; demonstrate at least 100 hours of mediation in at least 10 different cases; verification of a minimum of 10 hours of continuing education annually; and agreement to abide by the MAC’s Code of Conduct and Ethics Policies and Procedures.

  • What is Alternative Dispute Resolution (ADR) and is it the same as mediation?

    There are various ADR processes. Which process is used largely depends on the nature of the dispute and the parties involved. Common ADR processes include:

    • Mediation. Mediation is a private, voluntary process in which an impartial trained mediator facilitates communication between parties to promote a mutually acceptable agreement or settlement. Mediation empowers parties to come up with their own solutions to their unique issues. Mediation is generally the most cost-effective dispute resolution process.

    • Judicial Settlement Conference. This process is led by a neutral individual, usually a retired judge, who listens to an abbreviated presentation of the argument or case, and renders an advisory opinion based on factual or legal issues. 

    • Mediation/Arbitration (MED/ARB). With this hybrid process, parties agree to mediate with the stipulation that any issues that cannot be settled will be resolved through binding arbitration.

    • Arbitration. This is an adversarial process whereby disputants select a neutral third party to listen to evidence and render a decision or award based on the arguments of both parties. 

  • What is ODR Mediation?

    Colorado’s Office of Dispute Resolution (ODR) offers support to indigent and low-income parties who may not be able to afford traditional mediation. Qualifications and other information can be found here.

  • IS THE COST OF MEDiATION INCLUDED WITH COURT FEES?

    Mediators are independent contractors and are not employed by or paid by the courts.

  • WHO PAYS FOR MEDIATION?

    Generally, the cost of mediation is split 50:50 between the parties.  Fees are charged on an hourly basis and payment is expected at the end of the mediation session (regardless of the outcome) unless prior arrangements have been made with the mediator.

  • WHAT IF I CAN’T AFFORD MEDIATION?

    Discuss the situation with your mediator as some will consider a sliding scale for truly needy cases.  More likely, they will direct you to the Office of Dispute Resolution (ODR).

  • WHAT HAPPENS WHEN COURT-ORDERED MEDIATION FAILS?

    Although mediations are not always successful, cases frequently still end up settling based on the discussions or offers that were initiated during mediation.  There is nothing that prevents parties from continuing settlement discussions after a failed mediation; in fact, they are encouraged to do so!  If a settlement is simply not possible, then parties need to prepare the case for trial.