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Court-Ordered Mediation in Colorado

Lesson Summary. Save time and money - start with mediation as soon as divorce appears to be forthcoming. In almost all cases, mediation will be ordered by the judge anyway. It is question of “when” you will mediate, not “if.”

In most cases, Colorado courts now order the parties to attend mediation before any hearing.

Under CRS §13-22-311 and 313, any Colorado judge may order the parties to mediate with a third party mediator prior to any hearing. Parties can opt out of mediation only if one of the parties claims to be a victim of domestic violence or abuse by the other party.

Under CRCP 16.2, a family law judge can conduct his own mediation session with the parties, as long as both parties consent in writing.

Further, the Colorado ethics rules for attorneys require that an attorney advise each client that forms of dispute resolution exist other than traditional litigation. Such as mediation. CRPR 2.1

In other words, since the parties are going to eventually end up in mediation, they should start with mediation. Don’t waste thousands, and sometimes tens of thousands of dollars in attorney fees, if it can be avoided through mediation.

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