2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 22 - Age of Competence - Arbitration - Mediation
Part 3 - Dispute Resolution Act
§ 13-22-311. Court Referral to Mediation - Duties of Mediator

1. Any court of record may, in its discretion, refer any case for mediation services or dispute resolution programs, subject to the availability of mediation services or dispute resolution programs; except that the court shall not refer the case to mediation services or dispute resolution programs where one of the parties claims that the party has been the victim of physical or psychological abuse by the other party, at any time and regardless of prior participation, and states that the party is thereby unwilling to enter into mediation services or dispute resolution programs. In addition, the court may exempt from referral any case in which a party files with the court, within five days of a referral order, a motion objecting to mediation and demonstrating compelling reasons why mediation should not be ordered. Compelling reasons may include, but are not limited to, that the costs of mediation would be higher than the requested relief and previous attempts to resolve the issues were not successful. Parties referred to mediation services or dispute resolution programs may select said services or programs from mediators or mediation organizations or from the office of dispute resolution. This section shall not apply in any civil action where injunctive or similar equitable relief is the only remedy sought.
2. Upon completion of mediation services or dispute resolution programs, the mediator shall supply to the court, unless counsel for a party is required to do so by local rule or order of the court, a written statement certifying that parties have met with the mediator.
3. In the event the mediator and the parties agree and inform the court that the parties are engaging in good faith mediation, any pending hearing in the action filed by the parties shall be continued to a date certain.
4. In no event shall a party be denied the right to proceed in court in the action filed because of failure to pay the mediator.

History. Source: L. 88: Entire section added, p. 607, § 8, effective July 1. L. 91: (1) and (2) amended, p. 372, § 7, effective July 1. L. 92: Entire section amended, p. 299, § 3, effective June 2. L. 2021: (1) amended,(HB 21-1228), ch. 292, p. 1729, § 2, effective June 22.

For the legislative declaration contained in the 1992 act amending this section, see section 1 of chapter 66, Session Laws of Colorado 1992. For the legislative declaration in HB 21-1228, see section 1 of chapter 292, Session Laws of Colorado 2021.

Law reviews. For article, “Selecting Cases for Mediation”, see 17 Colo. Law. 2007 (1988).

Where petitioner files a verified, uncontroverted claim of physical and psychological abuse by husband, the trial court “shall not refer” such a case to mediation; the plain and obvious language of subsection (1) forbids a court from ordering mediation where a party claims physical and psychological abuse. Pearson v. District Court, 18th Jud. Dist., 924 P.2d 512 (Colo. 1996).

This section does not require a party to file a declaration of abuse and an unwillingness to participate in mediation prior to the entry of a court order to mediate. Pearson v. District Court, 18th Jud. Dist., 924 P.2d 512 (Colo. 1996).

Subsection (1) covers two distinct circumstances: First, it contains a mandatory command that a court “shall not refer” a case to mediation services where a party claims physical or psychological abuse, which requirement has no time limitations. Second, it contains a discretionary “compelling reasons” excusal that is subject to the five-day rule and exists independently of the mandatory excusal for physical or psychological abuse. Pearson v. District Court, 18th Jud. Dist., 924 P.2d 512 (Colo. 1996).