• 07
  • November
    2011

Based on the provisions of § 13-22-305, C.R.S., courts today often require parties to attempt resolving their issues in mediation prior to a judge bringing the parties into their courtroom. To many individuals, mediation is a foreign concept. What takes place during mediation?

A typical mediation involves:

(1) Introductions: A mediator establishes general and procedural guidelines and ground rules for the mediation. This is also a time for the attorneys confer, if need be, on any issues they are willing to resolve before beginning mediation. Depending on the mediator, this is when the parties separate into private rooms.

(2) Statement of the issues or party demands: This is when the parties get to tell their side of the story as well as bringing forth their reasons why there needs to be mediation.

(3) Gathering information: The mediator will begin asking the parties open-ended questions to get a better feel of the situation.

(4) Identification of the problems: While the parties may have already stated their issues, the mediator may be able to articulate the issues better after the information gathering period. The mediator may even be able to find a common factor underlying the issue and use that as a negotiating starting point.

(5) The negotiations - bargaining and generating options: This is where the mediator's experience attempts to get the parties to find middle ground based on all of the information provided. It is often a back-and-forth process for the parties and their demands.

(6) Conclusion - agreement or not: If the mediation is successful and the parties reach an agreement, everything is reduced to writing and signed. If there is no agreement, the parties can agree to additional mediation or termination of the proceeding.

If you or someone would like to initiate mediation or is about to go into mediation and would like legal advice, please contact Stowell P.C. Our attorneys can help and would love to hear from you.