There are some specific mediation rules in Colorado, and it is important that participants are familiar with some of the rules which I have highlighted below.

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1. Caucus

   1. The mediator may meet with and communicate separately with each party or his/her representative. The mediator may notify the other parties of separate meetings or other communications and offer to give the same time and consideration to the other parties to maintain equidistance.

2. Confidentiality

   1. Mediation is confidential. A written, audio, video or visual record of mediation shall not be made. The parties and the mediator agree not to disclose, transmit, introduce, or otherwise use opinions, suggestions, proposals, offers, or admissions obtained or disclosed during the mediation by any party or the mediator as evidence in any action at law, or other proceeding, including a lawsuit or arbitration. The fact that mediation has occurred shall not be considered confidential.​

3. Conflict of Interest

   1. A mediator shall avoid a conflict of interest or the appearance of a conflict of interest during and after a mediation. A conflict of interest can arise from involvement by a mediator with the subject matter in dispute or from any relationship between the mediator​ and any mediation participant. 

4. Good Faith

   1. The parties agree to attempt, in good faith, to negotiate a settlement of the matter submitted to mediation and may engage in direct settlement discussions and negotiations without the presence of the mediator.

5. Memorandum of Understanding

   1. A primary goal of parties to mediation is to reach agreement on disputed matters and to reduce the terms and conditions of such agreements to a written document which is signed by the parties and suitable to file with court of competent jurisdiction for final orders and/or enforcement, when necessary.

   2. When parties attend mediation pro se or when the parties do not jointly agree that an attending attorney draft the MOU, the mediator acts as a scribe for the parties to reduce specific agreements achieved in mediation to writing.

6. Impartiality

   1. The mediator shall decline appointment to a mediation case if the mediator cannot conduct it in an impartial manner. Impartiality means freedom from favoritism, bias or prejudice.

7. Mediator Neutrality

   1. The mediator shall act as a neutral and impartial negotiator throughout the process and shall not have any authority to determine issues, make decisions or otherwise impose a reward to resolve the matter. The mediator is not a legal representative of any party and has no fiduciary duty to any party.

8. Methods

   1. Mediation may be conducted in person or by teleconference as determined by the mediator or by mutual agreement of the parties. The mediator shall negotiate between the parties utilizing joint sessions, caucus, electronic communications and other means, with the goal of assisting the parties in reaching their own resolution of the matter.​

9. Quality of Service

   1. A mediator shall conduct a mediation in a manner that promotes diligence, timeliness, safety, presence of the appropriate participants, procedural fairness, party competency and mutual respect among all participants. 

10. Self Determination

    1. A mediator shall conduct a mediation based on the principle of party self-determination. Self-determination is the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome. ​

11. Voluntary Participation

    1. Neither Colorado Mediators & Arbitrators nor any mediator appointed to mediate a matter pursuant to these rules shall have any authority to compel a party to participate in mediation or to settle a matter​

12. Withdrawal

    1. ​Any party may withdraw from mediation at any time.