Colorado § 13-22-311 Court referral to mediation - duties of mediator

Colorado Statutes

§ 13-22-311 — Court referral to mediation - duties of mediator

Colorado·Title 13 Courts·Art. Age of Competence - Arbitration

(1)Any court of record may, in its discretion, refer any case for mediation services or dispute resolution programs, subject to the availability of mediation services or dispute resolution programs; except that the court shall not refer the case to mediation services or dispute resolution programs where one of the parties claims that the party has been the victim of physical or psychological abuse by the other party, at any time and regardless of prior participation, and states that the party is thereby unwilling to enter into mediation services or dispute resolution programs. In addition, the court may exempt from referral any case in which a party files with the court, within five days of a referral order, a motion objecting to mediation and demonstrating compelling reasons wh

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(1) Any court of
record may, in its discretion, refer any case for mediation services or dispute
resolution programs, subject to the availability of mediation services or dispute
resolution programs; except that the court shall not refer the case to mediation
services or dispute resolution programs where one of the parties claims that the
party has been the victim of physical or psychological abuse by the other party, at
any time and regardless of prior participation, and states that the party is thereby
unwilling to enter into mediation services or dispute resolution programs. In
addition, the court may exempt from referral any case in which a party files with the
court, within five days of a referral order, a motion objecting to mediation and
demonstrating compelling reasons why mediation should not be ordered.
Compelling reasons may include, but are not limited to, that the costs of mediation
would be higher than the requested relief and previous attempts to resolve the
issues were not successful. Parties referred to mediation services or dispute
resolution programs may select said services or programs from mediators or
mediation organizations or from the office of dispute resolution. This section shall
not apply in any civil action where injunctive or similar equitable relief is the only
remedy sought.

(2) Upon completion of mediation services or dispute resolution programs,
the mediator shall supply to the court, unless counsel for a party is required to do
so by local rule or order of the court, a written statement certifying that parties
have met with the mediator.

(3) In the event the mediator and the parties agree and inform the court that
the parties are engaging in good faith mediation, any pending hearing in the action
filed by the parties shall be continued to a date certain.

(4) In no event shall a party be denied the right to proceed in court in the
action filed because of failure to pay the mediator.

Colorado § 13-22-311 (Court referral to mediation - duties of mediator) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 88: Entire section added, p. 607, � 8, effective July 1. L. 91: (1) and (2) amended, p. 372, � 7, effective July 1. L. 92: Entire section amended, p. 299, � 3, effective June 2. L. 2021: (1) amended, (HB 21-1228), ch. 292, p. 1729, � 2, effective June 22.