Mediation Rules of Procedure

Mediation Rules

  • Purpose and Scope of Rules – M100 Series.
  • Rule M110. Purpose of Mediation.
  • Rule M120. Voluntary Nature of Mediation.
  • Rule M130. Limitation of Liability.

  • Administrative Provisions – M200 Series.
  • Rule M210. Matters Eligible for Mediation.
  • Rule M220. Effect on Arbitration Proceedings.
  • Rule M230. Selection of Mediator
  • Rule M240. Mediation Ground Rules.
  • Rule M250. Fees

    • © Revised 01/08

    Purpose and Scope of Rules
    M100 Series

    Rule M110. Purpose of Mediation

    Mediation is a form of resolving disputes in a manner in which the
    parties themselves determine the resolution with the assistance of a
    mediator.

    Rule M120. Voluntary Nature of Mediation

    Neither Colorado Mediators & Arbitrators, LLC ("CoMA") nor any
    mediator appointed to mediate a matter pursuant to these Rules shall
    have any authority to compel a party to participate in a mediation or
    to settle a matter. If, in the opinion of either Party or the
    Mediator it is determined that it is not possible to resolve the
    dispute through mediation, after full discussion of the reasons for
    this conclusion has taken place, the mediation may be terminated.

    Rule M130. Limitation of Liability

    CoMA, its agents and any mediator named to mediate a matter under
    these Rules shall not be liable for any act or omission in connection
    with a mediation administered pursuant to these Rules.

    Administrative Provisions
    M200 Series

    Rule M210. Matters Eligible for Mediation

    Any matter may be submitted for mediation under these Rules upon the
    agreement of all parties. A matter will be deemed submitted when CoMA
    has received an executed Submission Agreement from each party.

    Rule M220. Effect on Arbitration Proceedings

    Unless the parties agree otherwise, the submission of a matter for
    mediation shall not stay or otherwise delay the arbitration of a matter
    pending under these Rules. When all parties agree to stay the
    arbitration in order to mediate the claim, the arbitration proceeding
    shall be stayed, notwithstanding any provision to the contrary in these
    Rules.

    Rule M230. Selection of Mediator

    (a) A mediator may be selected: (1) by the parties from a list
    supplied by CoMA, or (2) appointed by CoMA if the parties do not act to
    select a mediator after submitting a matter to mediation.

    (b) No mediator shall be permitted to serve as an arbitrator of any
    matter pending in CoMA arbitration in which he/she served as a
    mediator, nor shall the mediator be permitted to represent any party or
    participant to the mediation in any subsequent CoMA arbitration
    proceeding relating to the subject matter of the mediation.

    Rule M240. Mediation Ground Rules

    (a) The following Ground Rules are established to govern the
    mediation of a matter. The parties to mediation may agree to amend any
    or all of the Ground Rules at any time. The Ground Rules are intended
    to be standards of conduct for the parties and the mediator.

    (b) Mediation is voluntary and any party may withdraw from mediation
    at any time prior to the execution of a written settlement agreement by
    giving written notice of withdrawal to the mediator, the other parties,
    and CoMA.

    (c) The mediator shall act as a neutral, impartial, facilitator of
    the mediation process and shall not have any authority to determine
    issues, make decisions or otherwise impose a decision to resolve the
    matter.

    (d) Following the selection of a mediator, the mediator, all parties
    and their representatives will meet in person or by conference call for
    all mediation sessions, as determined by the mediator or by mutual
    agreement of the parties. The mediator shall facilitate, through joint
    sessions, caucuses and/or other means, discussions between the parties,
    with the goal of assisting the parties in reaching their own resolution
    of the matter. The mediator shall determine the procedure for the
    conduct of the mediation. The parties and their representatives agree
    to cooperate with the mediator in ensuring that the mediation is
    conducted expeditiously, to make all reasonable efforts to be available
    for mediation sessions, and to be represented at all scheduled
    mediation sessions either in person or through a person with authority
    to settle the matter.

    (e) The mediator may meet with and communicate separately with each
    party or their representative. The mediator shall notify all other
    parties of any such separate meetings or other communications.

    (f) The parties agree to attempt, in good faith, to negotiate a
    settlement of the matter submitted to mediation. Notwithstanding that a
    matter is being mediated, the parties may engage in direct settlement
    discussions and negotiations separate from the mediation process.

    (g) Mediation is intended to be private and confidential. The
    parties and the mediator agree not to disclose, transmit, introduce, or
    otherwise use opinions, suggestions, proposals, offers, or admissions
    obtained or disclosed during the mediation by any party or the mediator
    as evidence in any action at law, or other proceeding, including a
    lawsuit or arbitration, unless authorized in writing by all other
    parties to the mediation or compelled by law, except that the fact that
    a mediation has occurred shall not be considered confidential.

    (h) The mediator will not transmit or otherwise disclose
    confidential information provided by one party to any other party
    unless authorized to do so by the party providing the confidential
    information.

    (i) A verbatim record of mediation shall not be kept.

    Rule M250. Fees

    The Fee Schedule appears in a supplement to these Rules.