Top 3 Questions About Mediation
If your lawsuit is headed to mediation, you’re not alone. Many lawsuits first try to settle the issue during mediation before moving to the courtroom.
Our litigation attorneys briefly explain Colorado’s mediation process and why it may be necessary.
Why Mediation?
You filed a lawsuit, and now you’ve been told you have to go to mediation first. Why? Colorado courts generally require both parties to participate in mediation.
Mediation is often referred to as alternate dispute resolution – ADR. The terms are essentially interchangeable.
Top 3 Mediation Process Questions
1. How does the mediation process work?
Generally speaking, a retired judge or retired lawyer will act as the mediator in the case.
The parties to the case are almost always separated. The mediator will go back and forth between each party to hear both sides of the story. The plaintiff will have demands, and the defendant will have demands.
The mediator acts as the middleman to try to bring both sides together for a resolution.
2. Will mediation haunt me if I end up in court?
The answer to that is no.
Mediation is strictly confidential. Nothing you say in mediation will ever be used against your case in court.
Here’s an example: Let’s say you ask for $200 in mediation. Mediation fails, and your case goes to court. At trial, you win $500. The other party cannot use your $200 request during mediation in court.
3. What happens if we don’t settle at mediation? Do we have to go to trial?
A lot of people think mediation is their last chance to settle. That’s not necessarily true.
In fact, we’ve seen better results after formal mediation fails. Why? If you do not settle at mediation, you now know the other side’s top offer. In other words, the other party has shown their cards.
Then, just before trial, you very likely will receive an even better offer because the other party wants to avoid a trial where they stand to lose even more.
Link Up with a Litigation Attorney
Questions about mediation or need help with a lawsuit? Call us at 303-688-0944 to begin your case assessment.