If Mediation is Unsuccessful: What Happens Then?

If Mediation Doesn't Work:

The Colorado Office of Dispute Resolution's statistics show that 80% of cases that are mediated are resolved. However, if your case is not resolved through mediation, you have not lost your legal rights to pursue litigation through the court process.

As your mediator, I will not be able to testify for you or the other party if your case goes to court. Rather, the information discussed in mediation will be confidential and not shared outside of the meditation. Confidentiality is an essential part of the mediation process, so that all parties have the freedom to discuss all relevant issues.

When Mediation is Successful But Incomplete:

Sometimes mediation is successful but incomplete (in only one of five cases). For example, in a highly contested divorce, the couple may agree in mediation to a parenting plan and child support, but argue over maintenance ("alimony"), retirement funds, or who gets the house, etc. In this example, mediation can be very successful in resolving part of the divorce, and other issues can be litigated as necessary.

Domestic Violence Cases:

Relationships that have a history of domestic violence typically will not be appropriate for mediation. This is due to the chance of intimidation, threats, or an imbalance of power, which can sabotage the mediation process. If there is a history of domestic violence, please let me know up front so that we can determine if mediation is the right choice.