FAQs

Should an attorney accompany me to mediation?

Representation is not required, but attorneys are allowed if you feel you need one.

How should I prepare?

This is not a legal proceeding and the mediator is not judging you, so formal presentation charts,

witnesses,and supporting evidence aren't required. You need enough information to have a clear

discussion with the other party and be able to make decisions about an agreement. Contracts,

leases, receipts, calendars are frequently needed. Organize your materials and double check your

figures.

Who can come with me to mediation?

Typically mediation includes only the disputing parties. Sometimes individuals ask if a supportive friend or family member may be included, but most mediators restrict these requests. It's the mediator's responsibility to ensure that the parties are feeling supported by a fair process. Attorneys are allowed, witnesses are unnecessary.

How long will the mediation session last?

Mediation can be very quick, i.e., under an hour, or can take several hours or multiple sessions. For single issue, less complex cases, 2-3 hours is entirely reasonable.

What is the mediation process?

Mediation is not a legal argument nor is it therapy. Mediation is about problem solving. The mediator will ask for a statement of the issues and will keep the focus on developing possible solutions and selecting the most acceptable. In some cases, the parties reach agreement quickly as to the best solution, other times there is a lengthy negotiation phase before agreement is reached. When the terms of agreement have been finalized, the mediator will draft a written summary for the parties to sign. For court ordered mediations, the agreement will be in the form of a stipulation that, when approved by the court, becomes a court order.

What if the other party defaults on the agreement?

One of the advantages of mediation is that overall there is a higher compliance rate with mediated agreements than adjudicated rulings. Mediators strive to ensure that parties forge agreements knowingly and willingly and that terms are realistic. That being said, parties do sometimes default. In the case of monetary defaults, some counties (such as Adams and Jeffco) offer very helpful collection clinics.

Are mediators licensed?

It varies by state. As of this writing, there is no licensing or certification required or offered by the State of Colorado. In lieu of this, the influential Mediation Association of Colorado (theMAC) assigns professional status to mediators who have completed a 40 hour training course, 100 hours of mediation, and ongoing continuing education.

Mary Mesch Mediation

720-244-8452