Here to help you understand your Mediation Options, courtesy of Centennial Language I&T Corporation and BaiMei, your bilingual mediation specialist.

General Mediation in the U.S.

Voluntary and Court-Ordered Mediation: In the U.S., mediation is generally a voluntary process, though courts can mandate it in certain cases. Some states require mediation for specific disputes, such as labor or family matters, before litigation can proceed[1][4].

High Success Rates: Mediation is highly effective, with settlement rates often exceeding 50% to 80%, depending on the jurisdiction and type of case[2][4].

Confidentiality: Mediation proceedings are confidential, allowing parties to explore solutions without fear of information being disclosed in court[7].

Mediator Roles: Mediators act as neutral facilitators, helping parties reach agreements but not imposing solutions. Many mediators are former lawyers or judges[4]， and non-attorney mediators.

Mediation in Colorado

Court-Ordered Mediation: Colorado courts frequently order mediation for civil cases, especially in domestic relations, county civil matters, and child support enforcement. Over 99% of civil district and county court cases settle through Alternative Dispute Resolution (ADR), including mediation[5][6].

Office of Dispute Resolution (ODR): The ODR provides accessible mediation services statewide by contracting with trained mediators. These mediators undergo rigorous training and continuing education to maintain high standards[3][5].

Types of Cases Mediated: Common cases include domestic relations (e.g., divorce or parenting plans), modifications to existing agreements, dependency and neglect cases, juvenile matters, and small claims disputes[2][5].

Cost Accessibility: Reduced fees are available for parties unable to afford private mediators through judicial approval processes[3].

Mandatory Mediation Exceptions: Colorado courts may exempt cases from mandatory mediation if there is a history of abuse, high conflict with little chance of resolution, or if costs outweigh potential benefits[6].

Unique Features of Colorado's Mediation System

Local Initiatives: Many judicial districts provide free small claims court mediators at courthouses before trials commence, promoting quick resolutions[3].

Domestic Relations Focus: Colorado emphasizes mediation in family law disputes. Parenting plans often require future conflicts to be mediated before filing court actions[6].

Flexible Timing: Courts refer cases to mediation at various stages, from initial filings to post-disclosure phases, depending on the case complexity and readiness for resolution[5].

Benefits of Mediation

Efficiency: Mediation reduces court backlogs by resolving disputes quickly. For example, many Colorado cases settle before formal hearings[2][5].

Participant Satisfaction: Surveys indicate high satisfaction rates among participants due to the collaborative nature of the process and its ability to preserve relationships[2][4].

Mediation has become a cornerstone of Colorado's civil justice system, offering an efficient and flexible alternative to litigation while maintaining accessibility for diverse socioeconomic groups.

Note：

Mediators cannot give legal advice. They do not legally represent either party, and even attorney mediators cannot provide legal advice during mediation.

The mediator cannot, and will not, give you legal advice.---"A Party’s Guide to Colorado Court-Ordered Mediation"

Citations:

[1] https://blogs.iu.edu/maurerglobalforum/2024/04/12/the-mediation-legal-comparison-between-mediation-in-the-united-states-of-america-and-the-turkish-republic/

[2] https://nysba.org/NYSBA/Coursebooks/Spring%202018%20CLE%20Coursebooks/The%20Litigative%20DNA/III.F.%20Gary%20Shaffer%20-%20Court%20Annexed%20Mediation%20by%20the%20Numbers.pdf

[3] https://www.courts.state.co.us/userfiles/file/Administration/Planning_and_Analysis/Court%20Programs/ODR/Mediation%20Guide%20for%20Colorado%20Courts/APartyGuide.pdf

[4] https://www.skuld.com/topics/legal/pi-and-defence/us-vs-uk---a-comparison-of-mediation-processes/

[5] https://www.courts.state.co.us/userfiles/file/Administration/Planning_and_Analysis/Court%20Programs/ODR/Mediation%20Guide%20for%20Colorado%20Courts/Mediation%20Guide%20for%20Colorado%20Courts%20as%20Posted%20on%20Intraweb.pdf

[6] https://www.jankolaw.com/a-mediation.html

[7] https://portal.ct.gov/DEEP/Adjudications/Mediation-Fact-Sheet

[8] https://www.finra.org/arbitration-mediation/dispute-resolution-services-statistics