The MAC Legislative
Committee
The Mediation Association of Colorado (the MAC) is a professional member organization that promotes the value of quality mediation and supports mediators engaged in the profession. The MAC represents our members by advocating for legislative changes that encourage mediation to resolve conflicts and opposes legislation that would negatively impact the ability to provide mediation services. In furtherance of these objectives, the MAC Board of Directors approves legislative principles and instructs the Board’s Legislative Committee to advocate in favor of, or in opposition to, legislation consistent with these principles.
- Monitor, evaluate, and take appropriate positions regarding any proposed amendment to the Colorado Dispute Resolution Act (CDRA).
- Support legislation that permits, encourages, or requires mediation to resolve conflicts by trained and qualified mediators.
- Oppose legislation that discourages or prohibits the use of mediation services.
- Fully and aggressively engage in any legislative consideration regarding regulation of professional mediators. Seek MAC member input on specific proposals regarding mediator regulation or requirements to practice.
- Support legislative resolutions and State and local executive proclamations in support of Conflict Resolution Month in Colorado.
On behalf of MAC members, the Board’s Legislative Committee will do the following:
- Monitor the introduction of legislation relevant to mediation services.
- Advocate for and against legislation consistent with Board approved legislative principles by contacting individual legislators, testifying at committee hearings, and encouraging MAC members to participate in the legislative process.
- Conduct informational sessions for MAC members regarding legislative developments and training sessions for members regarding how to effectively engage in the legislative process.
- Identify and educate individual legislators who are willing to champion quality mediation services in State statute.
- Develop standard consistent language that can be offered to legislators and legislative drafters to mandate or encourage the use of mediation.
The 2023 Colorado General Assembly session ended on May 9th. Legislators introduced 617 individual bills and 474 of these bills ultimately became law. This session was an especially active year for the MAC. The MAC Legislative Committee, Chaired by Mike Maday, successfully lobbied and testified on a number of important bills.
There were two bills introduced that ultimately became law that specifically required mediation. A basic principle of the MAC’s legislative program is to support legislation that encourages or requires the use of mediation. House Bill 23-1120 requires landlords with more than five properties to engage in mediation prior to filing an eviction suit against a tenant receiving certain types of government assistance. We believe this is the first time ever that mediation would be required by state law prior to filing a lawsuit. Required mediations will be compensated and scheduled through the Office of Dispute Resolution.
Senate Bill 23-105 orders the Colorado Department of Labor to establish a complaint and mediation process for alleged violations of the equal pay statute. The previous law simply allowed the Department to establish a mediation program, but when they failed to do so, this legislation was introduced to require the Department to set up a program.
There were several bills that dealt with judicial officer training regarding domestic and child abuse in family law cases. House Bill 23-1108 creates a task force to study and develop training requirements for judicial officers, and House Bill 23-1178 requires training. Originally, both bills incorrectly included mediators as judicial officers and the MAC successfully got amendments to correctly reflect the independent role of mediators. At the same time, the MAC was able to explain the crucial role mediators play in resolving family law cases. While we were not able to get a specific requirement to appoint a mediator to the training task force created by HB 23-1108, the MAC will be able to provide testimony once the task force convenes.
Under House Bill 23-1178, mediators in family law cases will not be subject to a training requirement. However, mediators will be required to provide information on what training they have received. This legislation is a first step toward formal state regulation of mediators, and the MAC believes it is vital that professional mediators take the lead in this process rather than waiting for requirements to be imposed on our profession.
Another example of the MAC promoting mediation was an opportunity presented by House Bill 23-1026. This legislation involved the issue of family time for grandparents. The MAC requested and got an amendment that specifically referenced CDRA in this legislation.
The MAC also supported House Bill 23-1280 that codified the statewide Access to Justice Commission. The Access to Justice Commission has consistently supported mediation as a means of assisting litigants in more efficiently and fairly resolving litigation. The Commission understands and promotes the value of mediation, especially when parties do not have legal representation.
The MAC would like to build on our successes in 2023 and be even more engaged in legislation in the future. We urge our members to look for further updates and actively add your voice to the legislative process. Your involvement will ensure mediation is understood as a valuable and growing profession!
All the best,
The MAC Legislative Committee
The Colorado General Assembly adjourned the 2024 session on Wednesday, May 8th. After considering over 700 individual bills and resolutions from January to May, legislators wrapped up a session focused on housing, taxes, the environment, and public services. TheMAC was extremely active again this year and scored several important wins.
The most significant accomplishment was working in collaboration with the Colorado Bar Association Alternative Dispute Resolution Section to add a “right to mediation” before a lawsuit is filed by a homeowners association to foreclose on a homeowner. HB24-1337 (passed and awaiting the Governor’s signature) requires a 30-day advance notice by the HOA to the homeowner stating that there is a statutory right to mediation with a knowledgeable mediator before a foreclosure suit can be filed. This is the second legislative session in a row that the General Assembly has agreed to add mandatory mediation in State law. We believe there may be many opportunities in future sessions to add similar language in a variety of conflicts. Thank you to our colleagues at the CBA and all MAC members who contacted legislators asking for their support.
It is always worth noting that our first priority is to comprehensively monitor and prevent any legislation adversely affecting the mediation profession. This goal was also accomplished.
Another major goal is to ensure that any legislation that might affect mediation is drafted to support and accommodate the profession. TheMAC proposed and was successful in amending SB24-064 (passed and awaiting the Governor’s signature) regarding the collection of data in eviction cases. The original bill failed to recognize stipulated settlements as an important data point. These stipulated settlements almost always are a result of successful mediation.
TheMAC strongly supported HB24-1291 (passed and signed by the Governor) creating a new category of licensed legal paraprofessionals (LLPs) allowed to represent litigants in domestic relation cases. This legislation implements a Colorado Supreme Court rule that recognizes the importance of mediation in resolving family law cases by specifically allowing these new paraprofessionals to represent clients in mediation. TheMAC is also working with the Supreme Court to provide training and assistance to newly licensed LLPs.
TheMAC also supported HB24-1286 (passed and awaiting the Governor’s signature), an initiative of the Colorado Access to Justice (ATJ) Commission. This legislation will create a fund to support otherwise unrepresented civil litigants. The ATJ Commission has been a strong advocate for mediation and TheMAC works in coalition with the Commission on many issues.
If you have any questions about these or other legislative issues, feel free to reach out to Mike Maday, Chair of the Legislative Committee (Resresco@att.net), or Kip Kolkmeier (KipKolkmeier@gmail.com).
The Mediation Association of Colorado (TheMAC) is a nonprofit and the only statewide association of professional mediators in Colorado. TheMAC requires professional mediators to be trained, experienced, and agree to follow a mediation Code of Ethics. MAC mediators are a diverse group of experts in conflict resolution.
TheMac@coloradomediation.org
303-322-9275
Hold your calendar: Join us for a Live Legislative Update on July 17th, 2024. Details to come soon!
The MAC Legislative Principles
The Mediation Association of Colorado (the MAC) is a professional member organization that promotes the value of quality mediation and supports mediators engaged in the profession. The MAC represents our members by advocating for legislative changes that encourage mediation to resolve conflicts and opposes legislation that would negatively impact the ability to provide mediation services. In furtherance of these objectives, the MAC Board of Directors approves legislative principles and instructs the Board’s Legislative Committee to advocate in favor of, or in opposition to, legislation consistent with these principles.
- Monitor, evaluate, and take appropriate positions regarding any proposed amendment to the Colorado Dispute Resolution Act (CDRA).
- Support legislation that permits, encourages, or requires mediation to resolve conflicts by trained and qualified mediators.
- Oppose legislation that discourages or prohibits the use of mediation services.
- Fully and aggressively engage in any legislative consideration regarding regulation of professional mediators. Seek MAC member input on specific proposals regarding mediator regulation or requirements to practice.
- Support legislative resolutions and State and local executive proclamations in support of Conflict Resolution Month in Colorado.
Commitment of the Legislative Committee on behalf of MAC members
On behalf of MAC members, the Board’s Legislative Committee will do the following:
- Monitor the introduction of legislation relevant to mediation services.
- Advocate for and against legislation consistent with Board approved legislative principles by contacting individual legislators, testifying at committee hearings, and encouraging MAC members to participate in the legislative process.
- Conduct informational sessions for MAC members regarding legislative developments and training sessions for members regarding how to effectively engage in the legislative process.
- Identify and educate individual legislators who are willing to champion quality mediation services in State statute.
- Develop standard consistent language that can be offered to legislators and legislative drafters to mandate or encourage the use of mediation.
MAC Legislative Committee Members
The MAC Legislative Committee is an active group of Professional MAC members and Board Officers who have a passion for Legislative matters involving mediation. More importantly, our Legislative Committee Chairs have extensive experience, knowledge and liasons in the Colorado legislature. The MAC is extremely lucky to have these individuals leading this committee and maintaining an active and committed presence for mediation in the Legislature.
Colorado General Assembly 2023 End of Session Report
The 2023 Colorado General Assembly session ended on May 9th. Legislators introduced 617 individual bills and 474 of these bills ultimately became law. This session was an especially active year for the MAC. The MAC Legislative Committee, Chaired by Mike Maday, successfully lobbied and testified on a number of important bills.
There were two bills introduced that ultimately became law that specifically required mediation. A basic principle of the MAC’s legislative program is to support legislation that encourages or requires the use of mediation. House Bill 23-1120 requires landlords with more than five properties to engage in mediation prior to filing an eviction suit against a tenant receiving certain types of government assistance. We believe this is the first time ever that mediation would be required by state law prior to filing a lawsuit. Required mediations will be compensated and scheduled through the Office of Dispute Resolution.
Senate Bill 23-105 orders the Colorado Department of Labor to establish a complaint and mediation process for alleged violations of the equal pay statute. The previous law simply allowed the Department to establish a mediation program, but when they failed to do so, this legislation was introduced to require the Department to set up a program.
There were several bills that dealt with judicial officer training regarding domestic and child abuse in family law cases. House Bill 23-1108 creates a task force to study and develop training requirements for judicial officers, and House Bill 23-1178 requires training. Originally, both bills incorrectly included mediators as judicial officers and the MAC successfully got amendments to correctly reflect the independent role of mediators. At the same time, the MAC was able to explain the crucial role mediators play in resolving family law cases. While we were not able to get a specific requirement to appoint a mediator to the training task force created by HB 23-1108, the MAC will be able to provide testimony once the task force convenes.
Under House Bill 23-1178, mediators in family law cases will not be subject to a training requirement. However, mediators will be required to provide information on what training they have received. This legislation is a first step toward formal state regulation of mediators, and the MAC believes it is vital that professional mediators take the lead in this process rather than waiting for requirements to be imposed on our profession.
Another example of the MAC promoting mediation was an opportunity presented by House Bill 23-1026. This legislation involved the issue of family time for grandparents. The MAC requested and got an amendment that specifically referenced CDRA in this legislation.
The MAC also supported House Bill 23-1280 that codified the statewide Access to Justice Commission. The Access to Justice Commission has consistently supported mediation as a means of assisting litigants in more efficiently and fairly resolving litigation. The Commission understands and promotes the value of mediation, especially when parties do not have legal representation.
The MAC would like to build on our successes in 2023 and be even more engaged in legislation in the future. We urge our members to look for further updates and actively add your voice to the legislative process. Your involvement will ensure mediation is understood as a valuable and growing profession!
All the best,
The MAC Legislative Committee
Summer/Fall 2023 Working Group Sessions
In order to prepare for the 2023-24 Legislative Session the MAC is holding three working sessions in conjunction with the CBA’s ADR Section to discuss our profession in the Legislative arena for next year. We look forward to having open discussions about what we can prepare for and what to expect as our relative organizations work towards promoting, upholding and growing mediation into the best profession it can be. Those dates/times are
- Tuesday, July 25th at 12PM MSTTuesday, August 22th at 12PM MST
- Tuesday, October 3rd at 12PM MST
- We will provide more details around how to attend these discussions in the coming weeks.
Join the MAC today to get updates on these working groups.
Join the MAC Legislative Committee
Do you have an interest in taking action on legislative matters as they relate to mediation and the MAC? Are you comfortable with public speaking or interested in political engagement down at the Capitol? Or do you have previous legislative experience?
Legislative action is exciting, rewarding, and can be exhausting when the Legislature is in session. We welcome and encourage MAC members participation. Please reach out to inquire about joining our active Legislative Committee. Email the MAC Legislative Committee Chair or Co-Chair today to get involved:
- Mike Maday: resresco@att.net
- Kip Kolkmeier: kipkolkmeier@gmail.com
2024 Legislative Action
MAC Members, we need you to contact your local State Senator and urge them to support this important legislation. A full explanation of the legislation is below. This bill will be heard in the Senate Local Government and Housing Committee on
Tuesday April 23rd at 2PM.
The Committee begins at 2pm in Room SCR 352 in the Capitol Building. If you can, come testify in person, or you can also testify virtually. This link explains how to testify virtually and shows how to Signup. Even if you are not able to testify, please contact your State Senator and urge them to Vote Yes on House Bill 24-1337. You can look up your legislator and get contact information at this link: https://leg.colorado.gov/find-my-legislator
Why TheMAC Supports HB24-1337
The Mediation Association of Colorado (TheMAC) strongly supports House Bill 24-1337 sponsored by Representatives Jodeh and Bacon, and Senator Coleman. This legislation modifies the process by which a common interest community association (HOA) seeks collection of fees and fines from homeowners within the community. It improves notice, limits attorney fees, and requires the association to offer mediation to the homeowner prior to filing a collection/foreclosure lawsuit.
A home is almost always a family’s most valuable asset. More importantly, it is the literal roof over their heads. Every family deserves a fair process to resolve financial disputes with their HOA and this is the objective of HB 24-1337. The Colorado Bar Association Alternative Dispute Resolution Section (CBA/ADR) in coordination with TheMAC proposed language contained in House Amendment 008 that obligates HOAs to at least offer the opportunity to mediate the dispute prior to filing a lawsuit. As MAC members know, there are many benefits to mediation in this situation. First and foremost, it allows resolution earlier in the legal process, and if settled at that point, always saves the HOA and the homeowner additional costs. It encourages dialog and resolution of the conflict among parties that, by definition, must find a way to live together in the community.
Mediation also empowers parties in conflict to resolve their own disputes rather than placing their fate in the hands of a judge. This leads to greater satisfaction by the parties and increases the likelihood of compliance. Mediation is voluntary so a homeowner is free to decline the offer for early resolution. But experience demonstrates that when offered and accepted, the parties are very likely to settle their dispute in a mutually agreeable way.
Please contact your local legislators and urge them to vote YES on House Bill 24-1337!
The Mediation Association of Colorado (TheMAC) strongly supports House Bill 24-1337 sponsored by Representatives Jodeh and Bacon, and Senator Coleman. This legislation modifies the process by which a common interest community association (HOA) seeks collection of fees and fines from homeowners within the community. It improves notice, limits attorney fees, and requires the association to offer mediation to the homeowner prior to filing a collection/foreclosure lawsuit.
A home is almost always a family’s most valuable asset. More importantly, it is the literal roof over their heads. Every family deserves a fair process to resolve financial disputes with their HOA and this is the objective of HB 24-1337.
The Colorado Bar Association Alternative Dispute Resolution Section (CBA/ADR) in coordination with TheMAC proposed language contained in House Amendment 008 that obligates HOAs to at least offer the opportunity to mediate the dispute prior to filing a lawsuit.
As MAC members know, there are many benefits to mediation in this situation. First and foremost, it allows resolution earlier in the legal process, and if settled at that point, always saves the HOA and the homeowner additional costs. It encourages dialog and resolution of the conflict among parties that, by definition, must find a way to live together in the community. Mediation also empowers parties in conflict to resolve their own disputes rather than placing their fate in the hands of a judge. This leads to greater satisfaction by the parties and increases the likelihood of compliance. Mediation is voluntary so a homeowner is free to decline the offer for early resolution. But experience demonstrates that when offered and accepted, the parties are very likely to settle their dispute in a mutually agreeable way.
Please contact your local legislators and urge them to vote YES on House Bill 24-1337!
You can find contact information for legislators at:
https://leg.colorado.gov/legislators
On Behalf of the MAC and the Legislative Committee
Dated: April 16, 2024
Tab Content
Colorado General Assembly 2024 End of Session Report
The Colorado General Assembly adjourned the 2024 session on Wednesday, May 8th. After considering over 700 individual bills and resolutions from January to May, legislators wrapped up a session focused on housing, taxes, the environment, and public services. TheMAC was extremely active again this year and scored several important wins.
The most significant accomplishment was working in collaboration with the Colorado Bar Association Alternative Dispute Resolution Section to add a “right to mediation” before a lawsuit is filed by a homeowners association to foreclose on a homeowner. HB24-1337 (passed and awaiting the Governor’s signature) requires a 30-day advance notice by the HOA to the homeowner stating that there is a statutory right to mediation with a knowledgeable mediator before a foreclosure suit can be filed. This is the second legislative session in a row that the General Assembly has agreed to add mandatory mediation in State law. We believe there may be many opportunities in future sessions to add similar language in a variety of conflicts. Thank you to our colleagues at the CBA and all MAC members who contacted legislators asking for their support.
It is always worth noting that our first priority is to comprehensively monitor and prevent any legislation adversely affecting the mediation profession. This goal was also accomplished.
Another major goal is to ensure that any legislation that might affect mediation is drafted to support and accommodate the profession. TheMAC proposed and was successful in amending SB24-064 (passed and awaiting the Governor’s signature) regarding the collection of data in eviction cases. The original bill failed to recognize stipulated settlements as an important data point. These stipulated settlements almost always are a result of successful mediation.
TheMAC strongly supported HB24-1291 (passed and signed by the Governor) creating a new category of licensed legal paraprofessionals (LLPs) allowed to represent litigants in domestic relation cases. This legislation implements a Colorado Supreme Court rule that recognizes the importance of mediation in resolving family law cases by specifically allowing these new paraprofessionals to represent clients in mediation. TheMAC is also working with the Supreme Court to provide training and assistance to newly licensed LLPs.
TheMAC also supported HB24-1286 (passed and awaiting the Governor’s signature), an initiative of the Colorado Access to Justice (ATJ) Commission. This legislation will create a fund to support otherwise unrepresented civil litigants. The ATJ Commission has been a strong advocate for mediation and TheMAC works in coalition with the Commission on many issues.
If you have any questions about these or other legislative issues, feel free to reach out to Mike Maday, Chair of the Legislative Committee (Resresco@att.net), or Kip Kolkmeier (KipKolkmeier@gmail.com).
The Mediation Association of Colorado (TheMAC) is a nonprofit and the only statewide association of professional mediators in Colorado. TheMAC requires professional mediators to be trained, experienced, and agree to follow a mediation Code of Ethics. MAC mediators are a diverse group of experts in conflict resolution.
