Frequently Asked Questions:
Q1. Is the mediation process confidential?
A1. According to the rules of Colorado Mediators and Arbitrators (COMA), mediation is a confidential process. 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.
Q2. Are agreements made in mediation legally binding?
A2. Mediation is a voluntary, non-binding process in Colorado that does not affect a parties ability to pursue future legal action. However, a mediation agreement document agreed to by both parties becomes a legally binding contract.
Q3. Does the mediator make the decision on the settlement?
A3. No. Colorado mediators play the role of a facilitator. Therefore, the mediator does not make a decision on the settlement. Any settlement agreement made is done on a voluntary basis by the parties.
Q4. Can I walk out of the mediation if I am not happy?
A4. Yes. In Colorado, any party can withdraw from a mediation as long as they have put forth a good-faith effort to participate.
Q5. How long does it take to conduct a mediation?
A5. A mediation can be completed in as little as a couple hours or could go on for several days. Many mediations are completed in less than 8-hours.
Q6. Can I still go to court if I am not happy with the results of the mediation?
A6. Yes. The mediation process is non-binding and does not restrict a party from pursuing future litigation.
Q7. Does the mediator take sides during the mediation?
A7. No. The mediator is an independent third party neutral.
Q8. Can I bring my lawyer?
A8. Yes, but it is not required.
Q9. Is mediator less expensive than litigation?
A9. Typically, mediation is substantially less than the cost of litigation.
Q10. What are the main benefits of mediation?
A10. In addition to being cost effective, mediation can result in both sides satisfying their interest which promotes a "win-win" solution for both parties. Mediation can also help restore damaged relationships.
