Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.
Colorado Motion By Plaintiff to Refer Cause to Mediation
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Multi-State
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US-01006BG
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Word;
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In Denver or Boulder counties, mediation may be required, but not always. Other counties, such as Jefferson or Adams, do not normally require the parties to mediate. A mediation requirement is not necessarily a bad thing or something parties should be concerned with.
Often court systems, in an effort to eliminate some trials, impose mandatory mediation as part of the litigation process. The decision to accept the outcome of the mediation and settle the matter remains voluntary. If the attempt at mediation fails to resolve the dispute, the parties continue to litigate the matter.
An agreement reached in mediation is reduced to writing, known as a Memorandum of Understanding (?MOU?). To be enforced by the court, the MOU must be signed by the parties, and their attorneys if represented. The MOU is then filed with the court, and if approved, becomes the enforceable court order.
Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.
Mediation is generally voluntary, although on occasion a judge will order parties to engage in ADR. Our mediators can facilitate an ADR process in any type of dispute, even if the disagreement involves a case that is not pending at the Office of Administrative Courts.
Don't use profanity: Avoid profanities because they can offend the other party. If the other party finds your language offensive, it could damage your relationship, making it challenging to resolve. Therefore, you should never use derogatory language during mediation.
Mediation may be appropriate when: Parties are having difficulties resolving the dispute because of lack of conflict resolution skills or because of resistance to confronting, or being confronted by, the other party.