The Mediation Process

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The Mediation ProcessMediation is a confidential process in which the mediator has no power to impose a resolution, but will work with the parties to reach a mutually acceptable resolution of some or all of the issues in dispute. The mediator does not act as an attorney for parties and no attorney/client relationship is established. Parties can attend mediation with or without attorneys. The parties generally must agree to use the particular mediator unless the court imposes a specific mediation order to a particular mediator or organization.

Each mediator has his or her individual style of mediation. Some mediators are purely facilitators, carrying information and positions back and forth between the parties. Often, the mediator will express opinions on legal or factual issues, but it is only the opinion of the mediator. The parties need to rely on their independent attorneys for legal advice. The mediator shall be impartial and neutral and shall not serve in any matter in which he or she has a financial or personal interest.

The mediator always reserves the right to control the mediation process, for example, who may attend, such as third parties, and whether the mediation occurs in separate rooms or jointly. Some mediators use a settlement method of mediation. The settlement method describes how Helen conducts her mediations. For more information about the statutory grounds for mediation, please review the laws set forth in the Colorado Revised Statutes, Sections 13-22-301 through 313.

Helen conducts mediations with parties without lawyers; mediations where the parties have lawyers but choose to attend without them; and mediations where both parties bring their lawyers. The format is decided in advance.

A mediation session is scheduled for both parties to attend. Phone participation may be arranged, if needed. If the parties come without lawyers, they can choose to sit together in one room with Helen or be in separate rooms.

Parties with lawyers will be in separate rooms. The number of mediation sessions needed is usually based on the complexity of the issues. We prefer to try to complete the mediation in one session, so we set the session for four hours to give us plenty of time.

Helen can assist parties with as much or as little paperwork as they desire. We will provide you with information regarding where to find necessary forms, but if you are unsure about completing them yourselves, Helen can help during the session.

If an agreement is reached during mediation, Helen will draft the agreement for the parties, who will then file it with the Court.