Colorado Motion to Refer Case to Mediation

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Multi-State
Control #:
US-02642BG
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Word; 
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

Disadvantages Not compulsory; Concerns exist around the enforceability of a mediation agreement; All parties must agree to a resolution as the result is not guaranteed; Can be difficult if either party are withholding information; Mediation may not be appropriate if one of the parties required public disclosure;

Mediation is a process that can be conducted in three ways that vary in formality, goals, the mediator's techniques, and outcomes. Listed from more formal to less formal, the styles of mediation are: settlement conference, facilitative, and transformative.

Mediation is a confidential discussion between the parties in a dispute. A skilled, independent mediator helps the parties talk about the issues, identify a range of possible solutions and work towards an agreement that will end their dispute.

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.

It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.

Clear up misunderstandings, determine underlying interests and concerns, find areas of agreement, and. incorporate those areas into solutions devised by the parties themselves.

Mediation in Motion is a unique not for profit organisation that connects mediators with their clients.

Quick Reference 1 A form of alternative dispute resolution in which an independent third party (mediator) assists the parties involved in a dispute or negotiation to achieve a mutually acceptable resolution of the points of conflict.

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Colorado Motion to Refer Case to Mediation