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Frequently Asked Questions (FAQ), Conflict Resolution/Mediation

How long will the mediation last?

Mediations will typically last 1-2 hours, but may require more time or multiple sessions depending on the complexity of the issues at hand.

How can I trust that the parties involved will be reasonable?  

Of course, no one has absolute control of another person's behavior. However, as a third party, the mediator's role is to assist each party in exploring the reality of their situation and keep the process moving in a productive manner.  

 

I've made agreements with this individual in the past that they've consistently broken.   What guarantee do I have that this time will be different?  

If you've made agreements in the past that haven't worked out, the mediators will explore why past agreements have been unsuccessful and what is needed to ensure that this time will be successful. The mediators will also assist the parties to discuss the "what if" scenarios and talk about next steps if either party defaults on their responsibilities in the agreement.     

Is the final agreement enforceable?

Yes, as stated in Colorado Revised Statute 12-22-308, the agreement may be presented to the court and if approved, shall be enforceable as an order of the court.

Who needs to be present?

The people most directly involved in the conflict need to be there. It is not necessary to bring legal representation but please let us know if you need to have a lawyer present. We do allow attorneys, but we generally ask them not to participate in the actual mediation discussions.

What about confidentiality?

All conversations, information and records are confidential as outlined in Colorado Statute 13-22-307 and may not be used in any future judicial proceedings. We do not allow tape recorders.

What are the advantages to mediation?

Since the parties craft their own agreement, mediated agreements are generally stronger over time compared with an imposed judgment.   Mediation is successful over 85% of the time when both parties actively participate. The community mediation program is a free, informal service, saving time, money and energy compared to litigation.

 

 

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