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Frequently asked questions
- What is mediation?
- Do I need an attorney or a mediator?
- Why should I try mediation?
- What benefits can a get from mediation that litigation does not offer?
- Questions to ask yourself before you choose between mediation and litigation?
- Should I hire both an attorney and mediator?
- What is the role of an attorney in mediation?
- What is the role of the mediator when an attorney or both attorneys are present?
- What preparation is needed for mediation?
- How much does mediation cost compared to litigation?
- How do I choose a mediator?
- What are the different styles of mediation?
- Is mediation confidential?
- How long does mediation take?
- Who does the court filings (if any) when mediation is utilized?
- Can a mediator provide legal assistance?
- What are the standards a mediator is bound by?
- What documents do I need to file for a divorce in Colorado ?
- What are the Colorado statutes involving domestic matters?
- Do I sign a contract for mediation?
- What are my obligations in mediation?
- What are my options if mediation does not result in an agreement?
- What are the types of conflicts that can be mediated?
- Can domestic matters be mediated if domestic violence is involved?
- Besides divorce what other family matters may be mediated?
- I'm already divorced and have an agreement through the court but would like to modify child support and visitation. Is this appropriate for mediation?
- Do I waive my legal rights when I mediate?
- Can the mediator testify in court?
- What professional associations does Rocky Mountain Mediation belong to?
- What organizations does Rocky Mountain Mediation provide Pro Bono services through?
- Can mediation be effective for probate issues?
- I have an intact family, how can I take advantage of family mediation?
- As a business owner or manager what can Rocky Mountain Mediation do for me?
- What training does Rocky Mountain Mediation provide?
- What is facilitation?
- Can't our organization simply have one of our managers facilitate the meeting?
- What is the Uniform mediation Act?
- Legal Advice vs. Proceedural Information
1.What is Mediation?
Mediation is a unique process in which a professionally trained neutral person, a "mediator," provides people in a dispute an opportunity to fully discuss and craft a solution to their dispute that satisfies everyone's needs. A mediator can help you talk about issues, build relationships and find solutions that work.
2.Do I need an attorney or a mediator?
This depends on the issues that you have and the outcome that you desire. Some mediators are attorneys. A mediator can not act as your attorney and a mediator at the same time. Mediators and attorneys have different roles in resolving conflicts.
If your case is referred to mediation by the court, or if someone suggests that you try mediation instead of going to court, it may be because:
• Mediation may save you time and money.
• Mediation provides an opportunity for you to say what's important to you and hear the other person's perspectives.
• Mediation may help you figure out how to get your needs and the other person's needs met by reaching creative, customized solutions that work for everyone.
• You are in control and you know what your needs are better then any judge or jury.
• Many business disputes, family conflicts, neighborhood disputes, and one-on-one issues are most effectively resolved in mediation.
• Even some criminal and juvenile justice cases are better handled in mediation than in court, especially if the people involved have an ongoing relationship.
• Mediation may help you preserve or improve a troubled business, family or neighborhood relationship.
4.What benefits can a get from mediation that litigation does not offer?
Fewer costs -
- Evidence sharing and the general investigation are more informal and less complex than in litigation.
- There is no incentive for attorneys to litigate beyond meeting the true needs of their clients.
- Since the role of a consulting attorney differs from the standard role, the time and therefore the fees will be lower.
- It is estimated that the costs can be from 1/3 to ½ lower than in litigation. When the funds are coming from a common source of funds such as in a divorce it can have a large impact on individual financial recovery from the divorce.
Faster results -
• Mediators have more time to handle your case than judges.
• You can set your own pace and not rely on the overloaded schedule of the court.
• There is no chance that the case will be continued due to a judge's non-availability.
• The formal processes that are routine in litigation are avoided saving both time and money.
Privacy -
• Most court hearings are public as are the related documents. In contrast only the final mediated agreement and supporting documents accepted by the court is made public. There is no public discourse in the mediated process.
Creativity -
- Judges when deciding a remedy in any case are constrained by certain rules and time. You and the other participant know your situation many times better than any judge and can develop a much more creative solution that meets all the needs than a stranger.
Commitment -
a. When a judge imposes a solution to a dispute the level of commitment to the follow through is less than if the participants create their own solution. Participants to imposed solutions often find themselves back in court due to non-compliance.
5.Questions to ask yourself before you choose between mediation and litigation?
• Do you and the other party have an ongoing relationship in some form? Many businesses depend on ongoing relationships despite occasional contract disputes. Families even when divorced often desire or need to maintain some contact especially when children are involved. The litigation process often damages the future environment that the parties need to interact in. Many family disputes do not involve a court and remain in the purview of the family. These situations are entirely suitable to mediate. In this situation, mediation can not only support a resolution of the acute issue at hand but through the process, coach the parties to improve their relationship skills.
• Mediation strives to balance power in the dialogue. If the power between the parties is extremely unequal and can not be balanced even with consulting attorneys than litigation may be the appropriate venue for resolving the dispute. Mediators are trained in working with power imbalances and have the flexibility to bring in specialist if need be to even the power.
• If both parties are willing to honestly exchange the relevant information than mediation may be suitable. If it is likely that this information will be hidden than you may need the formal court process of discovery to uncover the information. Mediation can then be used in a limited manner to work on other related issues. In these cases combined mediated and lawyer efforts may bring the best results. In some cases the hidden agendas are extreme and mediation is not suitable. Mediators can help evaluate whether the mediation process can be helpful. Mediation may be initially utilized and if found to be of limited value stopped without giving up any legal rights to litigation.
• Many cases involving domestic violence are unsuitable for mediation. Even in these cases many issues can be mediated with appropriate support and specially trained mediators.
6.Should I hire both an attorney and mediator?
That depends ( see role of mediator and attorney ). Mediation can be used to resolve a wide range of disputes.
If you decide to mediate you may hire an attorney to work with you step by step or an attorney can help you with a variety of tasks such as:
• Clarifying your legal rights;
• Advising you on your particular situation; and
• Review any mediated agreement that is under consideration.
7.What is the role of an attorney in mediation?
Attorney's role in mediation:
At an adversarial hearing or trial, in contrast to mediation, formal evidence is presented and witnesses are called in an attempt to influence the final decision of the hearing officer or judge. Because the processes are so different, attorneys and advocates need to consider a different approach when representing their clients in mediation. The following are some considerations for attorneys and advocates that will be participating in mediation:
- Advocates and attorneys play an important role during the mediation process in helping their clients articulate their needs and ideas, generating creative solutions, drafting agreements and protecting their client's rights.
Mediation attempts to empower parties to find their own solutions to disputes. Therefore, mediators will focus on the direct parties to the dispute. Attorneys and advocates should allow their clients to speak for themselves as much as possible, and play a supporting and consulting role.
- Mediators recognize that some parties may have difficulty articulating their needs. In that case, attorneys and advocates may need to speak more for their client, although the mediator will periodically check with the party to make sure his/her needs and desires are being represented accurately.
- Advocates and attorneys can be especially helpful during the stage of mediation where agreement options are being discussed. During this process, the attorney/advocate can help generate creative options that both meet their client's best interests and fall within legal guidelines.
- Advocates and attorneys can also assist with the drafting of any agreements reached in mediation to insure that the language clearly captures the terms of the agreement and falls within legal guidelines.
- Advocates and attorneys always have the right during the mediation to speak privately with their clients to discuss possible options without the mediators or other parties present. This can be accomplished by asking the mediators for a break.
8.What is the role of the mediator when an attorney or both attorneys are present?
Mediator's role:
Mediators will continue to focus on the problem and the main parties assuring that the informal process demonstrates integrity. The mediator's role in the mediation process may vary somewhat depending on mediation style. The mediator's role is the same whether attorneys are present or not. Generally the mediator's role will fall within the following parameters:
• The mediator will make the initial contacts between parties to determine suitability for mediation.
• The mediator will establish effective process ground rules guiding the participants' behavior in the sessions.
• The mediator will provide an opportunity to identify the relevant issues for each participant.
• The mediator will maintain a neutral position vis-à-vis the participants.
• The mediator will provide reality checks with the participants to maximize efficient dialogue.
• The mediator will support an evaluative process for all proposed options.
• The mediator will record in writing any agreement made between the participants.
9.How do I prepare for mediation?
Be prepared to demonstrate emotional self control. Your feelings will not be ignored, but channeled into constructive communication.
Attempt to identify the long term results that you need.
Put forth your best effort to communicate, and if possible, reach an agreement.
Be prepared to carefully listen to the other side and identify the needs as they expressed them.
Be prepared to be creative in finding solutions to any differences.
Stay curious when learning of differences.
Be prepared to acknowledge differences gracefully.
Do not interrupt when the other person is talking.
Show respect in words and gestures.
Give honest, complete answers from your perspective.
Bring all relevant documentation to help clarify facts.
10.How much does mediation cost compared to litigation?
Mediation is charged by the hour and is typically shared by the parties in an agreed upon manner.
Depending on the nature of the case retainer is deposited with the mediator to draw upon as time is spent on the case. Reconciliation is done at the completion of mediation and all funds are accounted for. Credited balances are refunded.
11.How do I choose a mediator?
Choose a mediator that you can trust and feel comfortable with. He or she should have been trained as a mediator and continued their mediation training beyond the basic trainings. Rocky Mountain Mediation mediators each have hundreds of hours of training (the basic training is 40 hours) and many years of experience.
Most professional mediators are members of professional associations. Rocky Mountain Mediation is an advanced member of Colorado Council of Mediators, Association of Conflict Resolution.
Some mediators have done pro bono work with local community groups demonstrating their commitment to mediation and their community. Rocky Mountain Mediation has provided hundreds of pro bono hours to the community.
Choose a style(s) of mediation that you feel comfortable with.
12.What are the different styles of mediation?
There are three primary styles of mediation; Facilitative , Evaluative , and Transformative Mediation .
Rocky Mountain Mediation provides facilitative and transformative mediation services.
Styles of Mediation: Facilitative, Evaluative, and Transformative
Mediation
By Zena D. Zumeta, J.D.
Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not "real" mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.
In the 1960's and 1970's, there was only one type of mediation being taught and practiced, which is now being called "Facilitative Mediation". In facilitative mediation, the mediator structures a process to assist the parties in reaching a mutually agreeable resolution. The mediator asks questions; validates and normalizes parties' points of view; searches for interests underneath the positions taken by parties; and assists the parties in finding and analyzing options for resolution. The facilitative mediator does not make recommendations to the parties, give his or her own advice or opinion as to the outcome of the case, or predict what a court would do in the case. The mediator is in charge of the process, while the parties are in charge of the outcome.
Facilitative mediators want to ensure that parties come to agreements based on information and understanding. They predominantly hold joint sessions with all parties present so that the parties can hear each other's points of view, but hold caucuses regularly. They want the parties to have the major influence on decisions made, rather than the parties' attorneys.
Facilitative mediation grew up in the era of volunteer dispute resolution centers, in which the volunteer mediators were not required to have substantive expertise concerning the area of the dispute, and in which most often there were no attorneys present. The volunteer mediators came from all backgrounds. These things are still true today, but in addition many professional mediators, with and without substantive expertise, also practice facilitative mediation.
Evaluative mediation is a process modeled on settlement conferences held by judges. An evaluative mediator assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a judge or jury would be likely to do. An evaluative mediator might make formal or informal recommendations to the parties as to the outcome of the issues.
Evaluative mediators are concerned with the legal rights of the parties rather than needs and interests, and evaluate based on legal concepts of fairness. Evaluative mediators meet most often in separate meetings with the parties and their attorneys, practicing "shuttle diplomacy". They help the parties and attorneys evaluate their legal position and the costs vs. the benefits of pursuing a legal resolution rather than settling in mediation. The evaluative mediator structures the process, and directly influences the outcome of mediation.
Evaluative mediation emerged in court-mandated or court-referred mediation. Attorneys normally work with the court to choose the mediator, and are active participants in the mediation. The parties are most often present in the mediation, but the mediator may meet with the attorneys alone as well as with the parties and their attorneys. There is an assumption in evaluative mediation that the mediator has substantive expertise or legal expertise in the substantive area of the dispute. Because of the connection between evaluative mediation and the courts, and because of their comfort level with settlement conferences, most evaluative mediators are attorneys.
Transformative mediation is the newest concept of the three, named by Folger and Bush in their book THE PROMISE OF MEDIATION in 1994. Transformative mediation is based on the values of "empowerment" of each of the parties as much as possible, and "recognition" by each of the parties of the other parties' needs, interests, values and points of view. The potential for transformative mediation is that any or all parties or their relationships may be transformed during the mediation. Transformative mediators meet with parties together, since only they can give each other "recognition". In some ways, the values of transformative mediation mirror those of early facilitative mediation, in its interest in empowering parties and transformation. Early facilitative mediators fully expected to transform society with these pro-peace techniques. And they did. Modern transformative mediators want to continue that process by allowing and supporting the parties in mediation to determine the direction of their own process. In transformative mediation, the parties structure both the process and the outcome of mediation, and the mediator follows their lead.
Pros and Cons
Supporters say that facilitative and transformative mediation empower parties, and help the parties take responsibility for their own disputes and the resolution of the disputes. Detractors say that facilitative and transformative mediation takes too long, and too often ends without agreement. They worry that outcomes can be contrary to standards of fairness and that mediators in these approaches cannot protect the weaker party. Supporters of transformative mediation say that facilitative and evaluative mediators put too much pressure on clients to reach a resolution. They believe that the clients should decide whether they really want a resolution, not the mediator.
Supporters of evaluative mediation say that clients want an answer if they can't reach agreement, and they want to know that their answer is fair. They point to ever-increasing numbers of clients for evaluative mediation to show that the market supports this type of mediation more than others. Detractors of evaluative mediation say that its popularity is due to the myopia of attorneys who choose evaluative mediation because they are familiar with the process. They believe that the clients would not choose evaluative mediation if given enough information to make a choice. They also worry that the evaluative mediator may not be correct in his or her evaluation of the case.
Strong Feelings
Mediators tend to feel strongly about these styles of mediation. Most mediation training still teaches the facilitative approach, although some attorney-mediators train in the evaluative model, and Folger and Bush have a complement of trainers teaching the transformative approach. Many mediation standards (from national and state mediation organizations, and state legislative and judicial mediation programs) are silent on this issue; others prohibit evaluation, and a few require it. For example, the Mediation Council of Illinois Standard IV © Best Interests of Children states: "While the mediator has a duty to be impartial, the mediator also has a responsibility to promote the best interests of the children and other persons who are unable to give voluntary, informed consent.......If the mediator believes that any proposed agreement does not protect the best interests of the children, the mediator has a duty to inform the couple of his or her belief and its basis."
Another example of these strong feelings is that in 1997, Florida 's professional standards for mediators were reviewed, and the committee got stuck on the issue of evaluation in mediation. The current rule says "a mediator should not offer information that a mediator is not qualified to provide" (Rule 10.090(a)) and "a mediator should not offer an opinion as to how the court in which the case has been filed will resolve the dispute" (Rule 10.090(d)). The committee came out with two options for a new standard on this issue: Option One would prohibit giving opinions except to point out possible outcomes of the case; Option Two states that the mediator could provide information and advice the mediator is qualified to provide, as long as the mediator does not violate mediator impartiality or the self-determination of the parties. After receiving comments on these two options, both were withdrawn and the committee is trying again. The comments were many and strong. Early in 2000, the new rule was written to reflect Option Two.
In a new Michigan Court Rule effective August 1,2000 , which authorizes judges to order cases to mediation, the Supreme Court of Michigan differentiated facilitative processes from evaluative processes. The rule states that courts may order parties to facilitative processes, but not to evaluative processes.
Concerns
There seem to be more concerns about evaluative and transformative mediation than facilitative mediation. Facilitative mediation seems acceptable to almost everyone, although some find it less useful or more time consuming. However, much criticism has been leveled against evaluative mediation as being coercive, top-down, heavy-handed and not impartial. Transformative mediation is criticized for being too idealistic, not focused enough, and not useful for business or court matters. Evaluative and transformative mediators, of course, would challenge these characterizations. Sam Imperati, for example, sees evaluative mediation as ranging from soft to hard: from raising options, to playing devil's advocate, to raising legal issues or defenses, to offering opinions or advice on outcomes. He therefore believes that it is not appropriate to assume that evaluative mediation is necessarily heavy-handed. Folger and Bush, on the other side of the discussion, see transformative mediation as ultimately flexible and suited to all types of disputes. Another concern is that many attorneys and clients do not know what they may get when they end up in a mediator's office. Some people feel that mediators ought to disclose prior to clients appearing in their offices, or at least prior to their committing to mediation, which style or styles they use. Other mediators want the flexibility to decide which approach to use once they understand the needs of the particular case.
Styles vs. Continuum
Samuel Imperati and Leonard Riskin believe these styles are more a continuum than distinct differences, from least interventionist to most interventionist. The Northwest Chapter SPIDR Survey and other less formal surveys have noted that most mediators use some facilitative and some evaluative techniques, based on individual skills and predilections and the needs of a particular case. Folger and Bush see more distinct differences in styles, particularly the difference of "top-down" vs. "bottom-up" mediation. That is, they believe that evaluative and facilitative mediation may take legal information too seriously, and that resolutions coming from the parties are much more deep, lasting, and valuable. However, in informal discussions, many practitioners who utilize the transformative model state that they mix facilitative and transformative techniques rather than using one or the other exclusively. It would seem that in general mediators are on a continuum from transformative to facilitative to evaluative mediation, but are not squarely within one camp or another.
Conclusions
There is room in mediation practice for many styles, including facilitative, evaluative and transformative mediation. Each has its usefulness and its place in the pantheon of dispute resolution processes. Imperati believes that most mediators use a combination of these styles, depending on the case and the parties in mediation, as well as their own main approach to mediation. Some sophisticated mediators advise clients and attorneys about the style they think would be most effective for their case. Some parties and attorneys are sophisticated enough to know the difference between types of mediation and to ask mediators for a specific type in a specific case. It appears that it would be helpful for mediators at the very least, to articulate to parties and attorneys the style(s) they generally use, and the assumptions and values these styles are based on. This will allow clients to be better and more satisfied consumers, and the field of mediation to be clearer on what it is offering. It can only enhance the credibility and usefulness of mediation.
Bibliography
Leonard L. Riskin, Mediator Orientations, Strategies, and Techniques,
ALTERNATIVES TO THE HIGH COST OF LITIGATION 111 (1994).
Samuel J. Imperati, Mediator Practice Models: The Intersection of Ethics and Stylistic Practices in Mediation, 706 WILLAMETTE LAW REVIEW 33:3, Summer 1997.
Robert A. Baruch Bush and Joseph P. Folger, THE PROMISE OF MEDIATION, Jossey-Bass, 1994.
William L. Ury, Jeanne M. Brett and Stephen B. Goldberg, GETTING DISPUTES RESOLVED, Jossey-Bass, 1988.
Association of Family and Conciliation Courts/Academy of Family Mediators Standards of Practice.
Joint Committee Standards of Practice (American Arbitration Association, SPIDR and ABA ).
Mediation Council of Illinois Standards of Practice. State of Florida Standards of Practice for Mediators.
State of Michigan Court Rule 3.216 on Domestic Relations Mediation, 8/1/00 changes.
Reprinted with permission from the National Association for Community Mediation:
1527 New Hampshire Avenue NW
Washington , DC 20036
Phone: 202 667 9700 x212
Fax: 202 667 8629
Web Site: http://www.nafcm.org/
Zena D. Zumeta graduated from the University of Michigan Law School and practiced labor law until becoming a mediator in 1981. A member of the Michigan Bar, she is President of the Mediation Training and
Consultation Institute and The Collaborative Workplace in Ann Arbor , Michigan . She is a past president of the Academy of Family Mediators (AFM) and past national board member of the Society of Professionals in Dispute Resolution (SPIDR). She is a mediator, trainer, facilitator, and consultant for organizations on collaborative processes. Her web sites are www.learn2mediate.com and www.collaborateatwork.com Email :mtci@igc.org
A mediator shall maintain the confidentiality of all information acquired in the mediation process, unless the mediator is permitted or required to reveal the information by law or agreement of the participants.
In Colorado the Dispute Resolution Act (Section 13-22-301 et seq.) of the Colorado Revised Statutes insulates from disclosure to others, and from use in Colorado courts, all communications made in mediation.
The Colorado statutes further states: "Mediation communication" means any oral or written communication prepared or expressed for the purposes of, in the course of, or pursuant to, any mediation services proceeding or dispute resolution program proceeding, including, but not limited to, any memoranda, notes, records, or work product of a mediator, mediation organization, or party; except that a written agreement to enter into a mediation service proceeding or dispute resolution proceeding, or a final written agreement reached as a result of a mediation service proceeding or dispute resolution proceeding, which has been fully executed, is not a mediation communication unless otherwise agreed upon by the parties.
13-22-307. Confidentiality.Statute text
(1) Dispute resolution meetings may be closed at the discretion of the mediator.
(2) Any party or the mediator or mediation organization in a mediation service proceeding or a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any mediation communication or any communication provided in confidence to the mediator or a mediation organization, unless and to the extent that:
(a) All parties to the dispute resolution proceeding and the mediator consent in writing; or
(b) The mediation communication reveals the intent to commit a felony, inflict bodily harm, or threaten the safety of a child under the age of eighteen years; or
(c) The mediation communication is required by statute to be made public; or
(d) Disclosure of the mediation communication is necessary and relevant to an action alleging willful or wanton misconduct of the mediator or mediation organization.
(3) Any mediation communication that is disclosed in violation of this section shall not be admitted into evidence in any judicial or administrative proceeding.
(4) Nothing in this section shall prevent the discovery or admissibility of any evidence that is otherwise discoverable, merely because the evidence was presented in the course of a mediation service proceeding or dispute resolution proceeding.
(5) Nothing in this section shall prevent the gathering of information for research or educational purposes, or for the purpose of evaluating or monitoring the performance of a mediator, mediation organization, mediation service, or dispute resolution program, so long as the parties or the specific circumstances of the parties' controversy are not identified or identifiable.
History
Source: L. 83: Entire part added, p. 625, § 1, effective July 1. L. 91: Entire section amended, p. 370, § 4, effective July 1.
14.How long does mediation take?
The duration of mediation is dependent upon the willingness and openness of the participants. Some cases are completed in one to three sessions and some complex cases may take longer. Each session is typically two hours.
15.Who does the court filings (if any) when mediation is utilized?
Because a mediator does not represent a party (even when they are an attorney) they may not file documents with the court on your behalf. A mediator can help you understand the court process and prepare a memorandum of understanding (mediated agreement) that you can yourself (pro se), or have your attorney file with the court as a stipulation.
16.Can a mediator provide legal assistance?
A mediator, even when they are an attorney can not legally provide you with legal representation. They may provide you with logistical court information but not legal opinions.
17.What are the standards a mediator is bound by?
Rocky Mountain Mediation mediators are bound by the standards endorsed by the Colorado Bar Association, Colorado Judicial Institute, the Colorado Department of Law, the Colorado Council of Mediators and Mediation Organizations, and the Office of Dispute Resolution of the Colorado Judicial Department and the Association for Conflict Resolution.
COLORADO MODEL STANDARDS OF CONDUCT FOR MEDIATORS http://www.coloradomediation.org/codeofconduct.htm
18. What documents do I need to file for a divorce in Colorado ?
Colorado court documents relating to divorce can be found at http://www.courts.state.co.us/chs/court/forms/domestic/domestic.htm . The documents may be downloaded or picked up at any court house. Alternatively, Rocky Mountain Mediation can provide you with a packet of documents for your divorce. Specific documents to file will vary depending on the specifics of the case and whether children are involved.
19. What are the Colorado statues involving domestic matters?
Colorado statues relating to domestic matters can be found at http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 .
20.Do I sign a contract for mediation?
Yes, you will need to sign a contract with Rocky Mountain Mediation for services to begin and you will need to sign an agreement to mediate along with the other party(s) to the dispute.
21.What are my obligations in mediation?
Your obligations in mediation include the specifics as outlined in your contracts. Further responsibilities may include those identified here 9 .
22.What are my options if mediation does not result in an agreement?
If mediation does not result in an agreement on all issues, the partial agreement may be presented to court requesting assistance on unsettled matters. If no agreement is reached than all issues can be brought to the court for assistance from the judge.
23.What are the types of conflicts that can be mediated?
Almost any conflict can be mediated as long as they generally meet the guidelines as stated here 4 .
24.Can domestic matters be mediated if domestic violence is involved?
Rocky Mountain Mediation has specific training that supports mediating issues such as parenting plans, future communication strategies, and supervised visitation even when restraining orders are in place. Rocky Mountain Mediation will not mediate the issue of the violence itself.
25.Besides divorce what other family matters may be mediated?
Other issues include family matters involving siblings, parents and their children, school issues, probate issues, husband and wife communication, domestic partnership agreements, elder care.
26.I'm already divorced and have an agreement through the court but would like to modify child support and visitation. Is this appropriate for mediation?
Parents can expect to review and modify these agreements over the course of their children's lives. Child support typically can be modified as income of one or both party's changes. Parenting plans can expect to be modified as a way to adjust to the changing needs of the children. Either party can request such a review and adjustment.
27.Do I waive my legal rights when I mediate?
All your legal rights remain when you mediate.
28.Can the mediator testify in court?
No. Colorado law provides that a mediator can not be made to testify in court with the exception of mandatory reporting issues such as child abuse.
29. What professional associations does Rocky Mountain Mediation belong to?
30. What organizations does Rocky Mountain Mediation provide Pro Bono services through?
Jefferson County Mediation Services
700 Jefferson County Parkway
Suite 220
Golden , Colorado 80401-6018
2600 S. Parker Rd.
Bldg 5, Suite 357
Aurora , CO 80014
Denver , CO
31.Can mediation be effective for probate issues?
32. I have an intact family, how can I take advantage of family mediation?
Rocky Mountain Mediation can coach your family in learning effective, responsible communication.
33. As a business owner or manager what can Rocky Mountain Mediation do for me?
The hidden cost of internal conflict is very high (see business conflict assessment tool). Rocky Mountain Mediation can work with you to manage differences between employees or between a manager and employee. In addition, retaining customers is of utmost importance. Rocky Mountain Mediation will train your staff to provide excellent customer service without giving away the store.
34. What training does Rocky Mountain Mediation provide?
Rocky Mountain Mediation is certified to train managers and employees in effective conflict resolution. These training programs are approved by the Federal government for all agencies.
In addition, Rocky Mountain Mediation can provide peer mediation training in schools.
Rocky Mountain Mediation provides a variety of seminars geared toward learning effective family and business communication.
A facilitator or facilitation team includes specialists in how groups work together, as distinct from being experts on any particular content. As facilitators we are here to help with the design and managing of effective meeting. Our job as facilitators is to take care of the process so that participants can focus on the content of a meeting or the other communication avenues provided. Facilitation strives to remove process issues; again, so participants can focus on content and increase efficiency and creativity in the dialogue. Rocky Mountain Mediation's facilitation teams consist of professional neutral facilitators who are also professional mediators who when helpful to the goals and process can leverage these unique skills.
36. Can't our organization simply have one of our managers facilitate the meeting?
Of course this is an option, but this strategy would effectively remove the manager's input in the content discussion. In addition, neutrality may be important to the participants, in which case an in house manager may not be a wise choice. Managers may not have been specially trained in the unique skill of facilitating. Chairing a meeting is different than facilitating a meeting.
37. What is the Uniform Mediation Act?
http://www.pon.harvard.edu/guests/uma/
38. Legal Advice vs. Proceedural Information
By law Rocky Mountain Mediation is restricted from providing legal advice. We can and will provide proceedural information such as:
- Providing to you or referring you to court forms & instructions
- Review your forms for signatures, case numbers, notorization
- Give you general information about court proceedures, terminology, practices
- Provide you with general information on how the court works
- Work with you to write an agreement that accurately reflects all the parties wishes
- We can refer you to specialists for consultations
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