Divorce is a legal process the parties go through to end a marriage. In matters of divorce, Colorado is a No-Fault State. This approach was adopted considering it to be a healthier process for the parties and would lead to more fair and reasonable outcomes. As such, the party filing for divorce (Petitioner) does not need to explain why they are requesting a divorce, nor have to prove to the court any marital fault or misbehavior on the part of the other spouse (Respondent). Although they would need to assert that the marriage is over or irretrievably broken.

As the parties file the petition for divorce, The court per judicial process order to mediation with the expectation the parties can reach resolution through mutual agreements, rather than having the court decide for them based on the statute. The parties may contract mediation services through the Office of Dispute Resolution (ODR), The Mediation Association of Colorado (theMAC), or through private mediators. Understanding the parties will comply with the court’s order to mediation, the parties can freely choose to contract ODR Mediators or Private Mediators for their mediation needs. The parties can choose to contract with a private mediator even if the case has been filed with the court and a judge has ordered the parties to mediation.

Mediation is a problem-solving method without litigation. It results from the Alternate Dispute Resolution act, 1983 (ADR). Some refer to it as "Appropriate Dispute Resolution," as mediation best benefits the parties in finding an out of court resolution. A skilled neutral mediator assists the parties in finding resolutions through self-determination. The document referred to as “The Guide” addresses the subject; an extract is provided below. Mediation is a process through which a neutral and knowledgeable person, called the mediator, trained in conflict resolution, assists you in resolving your dispute. The disputing parties meet with the mediator, present their sides of the conflict, and are guided by the mediator to develop their own resolution. The basic premise of mediation is that the parties involved in a dispute are best able to resolve it themselves, rather than relying upon a third person, often a judge or magistrate, to impose a decision upon them. Even if the parties do not resolve any or all of the issues in the mediation, the process helps narrow and clarify the issues, and perhaps helps find some common ground that had not previously existed. “A Party’s Guide to Colorado Court-Ordered Mediation” is adapted from “Mediation Guide for Colorado Courts” (the “Guide”) a joint project of the Colorado Judicial Institute and the Office of Dispute Resolution of the Colorado State Court Administrator’s Office. This Guide is drafted by Judge Lynn J. Karowsky, Chair of the ADR Subcommittee of the CJI, with the assistance of Cynthia L. Hampton. The original Guide was drafted by a committee consisting of judges, lawyers, and mediators representing several practice areas, and reviewed by a group of over 30 stakeholders before it was published.

Self-Initiated or Party-Initiated Mediation usually occurs when the parties are looking for an out-of-court resolution. The parties need not wait for a judge to issue a court order for mediation. The parties may contract with a mediator at any time and at their convenience to initiate the process. Issues of serious concern (safety, domestic violence or extreme circumstances) could give the parties due cause to seek the court’s discretion in ordering mediation.

Court-Initiated Mediation can be ordered at the court’s discretion without either party’s request. For example, in the State of Colorado, all domestic relations cases are court ordered to mediation before proceeding to a court hearing. Court-Ordered Mediation usually takes place after the parties have filed a Domestic Relations Petition for Divorce/Dissolution (pre-decree) or a Petition to Modify (post-decree) for one or more sections of a divorce decree issued by a judge.

Private and ODR Mediation basically follow the type of mediation services with which parties decide to contract. Either the court or the self-initiating parties may contract mediation services through the Office of Dispute Resolution (ODR), The Mediation Association of Colorado (theMAC), or through private mediators. Private Mediation is an open process which allows parties to initiate mediation without having to first file a petition for divorce with the court. Usually, filing the petition for divorce with the court can occur during or after mediation for compliance with the judicial process. ODR Mediation consists of services provided by independent mediators who have been contracted by the Office of Dispute Resolution (ODR) and approved by the courts to provide dispute resolution services, (mediation) within the Colorado Judicial Branch. Usually, the ODR Mediation process occurs after a case has been filed with the court or when a judge has ordered parties to mediation.

Judges have the authority to sanction a party (or parties) for failure to schedule, failure to appear, or a general failure to comply with a Mediation Ordered by the Court (Judge). Understanding that mediation is confidential, the court does not inquire about its substance; rather, it assesses the circumstances of the noncompliance.

It stands for Memorandum of Understanding. It is the document that reduces the parties’ agreements to writing. As part of the judicial process the MOU needs to be submitted for the court’s review. In Family cases, this agreement is frequently called an MOU as it presents all the agreements reached between the parties in a domestic relations case. In Civil cases, It is referred to as a Stipulation as it’s a formal legal acknowledgment and agreement made between opposing parties; usually related to money amounts.

The judicial system identifies disputes between two or more legal entities such as people, companies, government, because their issues and complaints addressed by the Civil Law Statutes. These claims usually follow certain steps, such as making a demand to pay money, fulfill a promise or rectify a broken agreement. A civil case usually begins when one person or business (the "plaintiff") claim to have been harmed or suffered damages by the actions of another person or business (the "defendant") and asks the court for relief by filing a "complaint" and starting a court case. Civil cases are assigned to either county court and district court based on the amounts of payment claimed by the plaintiff as compensation to restore the harm or damage suffered.

- Mediation fees and applicable costs are not refundable. - All parties must complete payment before the scheduled mediation date. - To avoid cancellation, all payments are due no-later than 10 days before the mediation date. - Mediation fees are not refundable on cancellations after 7 days before the scheduled mediation date. - Payment for additional services: mediation overtime and/or agreement (MOU)drafting is due at the close of each session.

- Parties selecting private mediation should inform our office if they are opting to use a retainer fee process or prefer to follow the Payment Process used for ODR Mediations listed below. - All retainer payment options require payment in advance.