What is
Mediation?

Mediation is a form of Alternative Dispute Resolution that empowers individuals to resolve their legal, personal or business disputes by submitting their claims to one or more third party neutrals.

In mediation, the mediator is not the decision-maker. Instead, the parties themselves make all decisions. The mediator is a third party neutral who facilitates resolution via professional skills, which often include legal training and mediation techniques.

How does
it work?

Following a decision or court order to mediate, the mediator typically sets a venue and date for in-person mediation between the parties. Prior to the mediation, the mediator requests a confidential written statement from all participants, which describes the scope and nature of the dispute. The mediator may require initial proposals for resolution in the written statement.

At the initial meeting or conference, the mediator selects a conference format. The format can either include all parties in the same conference room or can separate the parties in separate rooms (known as “caucusing”). The mediator then encourages a frank exchange of views in order to discover the elements of dispute. During this time, effective mediators often engage in “re-framing,” which is designed to de-escalate the emotional impact of issues. Effective mediators also concentrate on maintaining civility in the mediation process.

Following issue identification, the mediator will explore possible resolution solutions with the parties, either jointly, or in caucus. Mediation is successful when the parties themselves reach their own mutually-acceptable solutions.

Where a solution is reached, the mediator is tasked with writing down, or memorializing, the settlement. In mediated legal disputes, the written resolution often carries the force of law because the document drafted is either a formal contract, or is incorporated into a Stipulation, which the parties then file with the Court (applies to legal disputes).

Often, even if all issues are not resolved, mediation can significantly reduce the number of issues in dispute. Taking a matter to mediation brings existing issues ‘to a head’ and often keeps matters from escalating further. Requesting mediation shows good will in addressing issues because mediation is a formalized, effective process. Mediation enhances communication, promotes each party’s personal autonomy and teaches dispute resolution skills in the process itself.

In legal disputes, where the parties are represented by counsel, the mediator is sometimes asked to conduct ‘evaluative mediation.’ This model requires the mediator to assess the evidentiary support of claim elements and legal defenses and express an opinion as to what may happen if a matter proceeds to Court. If this type of mediation is requested, then the request should be made prior to the mediation, often in the preliminary written statement.

What can be the outcome?

Where a solution is reached, the mediator is tasked with writing down, or memorializing, the settlement. In mediated legal disputes, the written resolution often carries the force of law because the document drafted is either a formal contract, or is incorporated into a Stipulation, which the parties then file with the Court (applies to legal disputes).

Often, even if all issues are not resolved, mediation can significantly reduce the number of issues in dispute. Taking a matter to mediation brings existing issues ‘to a head’ and often keeps matters from escalating further. Requesting mediation shows good will in addressing issues because mediation is a formalized, effective process. Mediation enhances communication, promotes each party’s personal autonomy and teaches dispute resolution skills in the process itself.

In legal disputes, where the parties are represented by counsel, the mediator is sometimes asked to conduct ‘evaluative mediation.’ This model requires the mediator to assess the evidentiary support of claim elements and legal defenses and express an opinion as to what may happen if a matter proceeds to Court. If this type of mediation is requested, then the request should be made prior to the mediation, often in the preliminary written statement.

Our Service Area

Western Colorado Mediation services extend to these locations

  • Avon
  • Rifle
  • Ouray
  • Meeker
  • Alamosa
  • Aspen
  • Breckenridge
  • Colorado Springs
  • Cortez
  • Craig
  • Delta
  • Durango
  • Glenwood Springs
  • Gunnison
  • Montrose
  • Steamboat Springs
  • Vail
  • Grand Junction / Fruita / Palisade

Contact
Us

  • 303-757-3344
  • 303-757-3355
  • 303-588-0563