What is Mediation?
Mediation is a process that brings parties together to resolve their differences through discussion and problem-solving. The goal is to achieve “win-win” solutions. The mediator is a neutral third party who helps facilitate the dialogue but is not the final decision-maker, arbitrator, or judge. Mediation can resolve disputes quickly and satisfactorily without the expense, delay and anxiety of litigation.
By offering a safe environment for parties to express their needs and interests, discuss options and reach a mutually agreeable resolution, mediation can preserve important relationships. Mediators assure the fairness of the process, facilitate communication, and maintain the balance of power between the parties.
Mediation sessions are confidential and voluntary for all parties. The process typically involves one or more meetings between the disputing parties and the mediator. It may also include one or more confidential sessions between individual parties and the mediator (a “caucus”). Either party may withdraw at any time. Generally, a signed agreement is binding; in some cases, court approval may be necessary.
During mediation parties may choose to be represented by an attorney. Mediators may not give legal advice or interpret the law. They can refer parties to impartial outside experts in legal, financial, or other fields to address specific questions or issues that might arise. If parties arrive at a mutually satisfactory resolution, mediators may assist in drafting Memorandums of Understanding, comprised of the terms to which the parties have agreed. If mediation is unsuccessful and an agreement cannot be reached, parties may still pursue all legal remedies, including private lawsuits.
What does the mediator do?
The mediator is an unbiased third party who assists and guides parties to a conflict to reach their own resolution. This is accomplished through the mediation process which includes identification of the issues, problem solving and agreement. The mediator does not provide legal advice or decide on the outcome. The mediator will help the parties focus on important issues and will provide a safe and confidential environment.
How do I select a mediator?
Finding a mediator with training and experience can be challenging. theMAC can help.
All of theMAC Professional Mediators must meet the highest standards required in Colorado. They must:
- Complete a 40-hour comprehensive mediation training program;
- Participate as a mediator (lead and/or solo mediator) in ten or more cases covering a minimum of 100 hours;
- Complete a requisite amount of continuing education, training, and experience every year;
- Abide by theMAC‘s Code of Conduct and Ethics Policy and Procedures
Use our Find-A-Mediator tool at www.coloradomediation.org to search for a mediator based on name, area of practice, language spoken, county, or city. Or, just see a list of all of our Professional Member mediators. Schedule your mediation directly with the mediator that you select.
Do I have to pay for mediation?
Yes. Mediation is not free. Most of the time, it is less costly and more efficient than going to court.
How much does mediation cost?
The cost of mediation varies depending on the complexity of your dispute and the rates set by your selected mediator. The hourly rate is split equally between the parties. Rates usually range from $100 per hour and up.
What should I do if I’ve been ordered to mediation by the court?
If the court has ordered you to participate in mediation, theMAC can help. Use our Find-A-Mediator tool to search for a mediator based on name, area of practice, language spoken, county, or city. Or just see a list of all of our Professional Member mediators. Schedule your mediation directly with the mediator that you select