Colorado § 8-43-205 Mediation

Colorado Statutes

§ 8-43-205 — Mediation

Colorado § 8-43-205

Title 08Labor and

Art.Procedure

This text of Colorado § 8-43-205 (Mediation) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 8-43-205 (2026).

Text

(1)Any party involved in a claim arising under articles 40 to 47 of this title may request mediation services by filing a request for mediation services with the division. However, mediation shall be entirely voluntary and shall not be conducted without the consent of all parties to the claim. If a request for mediation services is made after an application for a hearing has been filed, the administrative law judge hearing the dispute shall approve, on motion of the parties, the submission of the dispute to mediation prior to hearing the matter. An application for mediation services shall be filed on a form prescribed by the director. Upon receiving the application for mediation services, the director shall cause a mediation conference to occur within thirty days thereafter. At a

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(1) Any party involved in a claim arising under articles
40 to 47 of this title may request mediation services by filing a request for
mediation services with the division. However, mediation shall be entirely voluntary
and shall not be conducted without the consent of all parties to the claim. If a
request for mediation services is made after an application for a hearing has been
filed, the administrative law judge hearing the dispute shall approve, on motion of
the parties, the submission of the dispute to mediation prior to hearing the matter.
An application for mediation services shall be filed on a form prescribed by the
director. Upon receiving the application for mediation services, the director shall
cause a mediation conference to occur within thirty days thereafter. At a mediation
conference, the claimant may be represented by the claimant, counsel, or any other
agent of the claimant's choice. Mediators need not be attorneys.

(2) Mediation proceedings conducted pursuant to this section shall be
considered to be settlement negotiations and are confidential. No admission,
representation, or statement made in the course of such mediation proceedings
that is not otherwise subject to discovery or otherwise obtainable under the
procedures established in articles 40 to 47 of this title shall be admissible as
evidence or subject to discovery under said articles. No mediator who participates
in mediation proceedings conducted pursuant to this section shall be compelled or
permitted to testify about any matter discussed or revealed during such
proceedings in any other proceeding under articles 40 to 47 of this title.

(3) The division shall develop a program to implement the provisions of this
section. Such program shall be a simple, nonadversarial method for the mediation
of disputes arising under articles 40 to 47 of this title. Such program shall provide
for the use of neutral mediators and the conduct of proceedings in an informal
setting. The director shall adopt rules and regulations to implement such program.

Legislative History

Source: L. 90: Entire article R&RE, p. 502, � 1, effective July 1. L. 91: (1) amended, p. 1316, � 25, effective July 1. L. 94: (1) amended, p. 1874, � 3, effective June 1.