Most civil claims—whether between individuals, person to business, or businesses to business, can be processed and resolved before a case goes to court. The most practical approach is to find an agreement or settlement which can resolve a claim before the case is filed.

 

Private mediation provides the best option for this approach. In addition to giving parties time to research, consult or explore proposals for actual and tentative resolutions, it enables them to:

 

• Have flexibility over decision making and self-determination;

• Manage privacy and confidentiality for longer periods of time;

• Build agreements which meet the parties’ needs and interests; and

• Manage business costs and market/business relationships.

 

Even small lawsuits or internal complaints have a way of damaging relationships, tarnishing reputations and demanding funds that may not be readily available. In Colorado, all civil claims cases must be registered with the court for judicial processing and decision. Per statute, cases have a 90-day wait period before a judge can issue a final order. Agreeing to mediate before filing allows parties to preserve their privacy until agreements are close to completion, reducing their time and exposure to the judicial system and potential business impacts.

 

County civil claims follow Colorado County Court Rules of Civil Procedure. Parties have the right to represent themselves without legal representation (pro se). However, the court expects all parties to know and follow the court rules and civil procedure. Claims filed at county courts have a judicial threshold of $25,000. Claim amounts exceeding this threshold would be filed at the district court level.