Mediation Rules of Procedure

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.