Mediation at the Office of Administrative Courts (OAC)
Mediation is a service offered by the OAC to help parties resolve their dispute without going to a full hearing. Mediations at the OAC are conducted by Administrative Law Judges who have training and experience to assist parties in reaching a settlement.
We can mediate any type of case ordinarily handled by the OAC. We can perform mediations even if a formal case is not pending.
How Does Mediation Work?
In a mediation, the judge meets with the parties to look for ways to settle the issues. Mediation is a confidential and collaborative process. The mediator doesn't take sides or force any party to accept a settlement. Instead, they help the parties talk through the issues, explore possible solution, and weigh their options. It's up to the parties to agree on a solution.
To achieve the best results, all parties should come prepared to discuss the strengths and weaknesses of their case and remain open to creative ways of resolving the dispute. For example, in a professional licensing dispute, a creative solution might involve agreeing to specific conditions instead of cancelling the license entirely.
How do I Schedule a Mediation?
To schedule a mediation with the OAC, you can:
- Send an email to OAC-GS@state.co.us
- Call us at 303-866-2000 to request a mediation
- File a motion for an ALJ to order mediation
Additional Information About Mediation
If you are considering a mediation for your case or preparing for a scheduled mediation, the following information may be helpful.
Mediation Is a Valuable Opportunity
Mediation may be your best chance to resolve a dispute before it goes to a formal hearing. Once a case is heard by an Administrative Law Judge or an administrative agency, the outcome is out of your hands.
Formal hearings can also be time-consuming and expensive. Mediation gives you the chance to create solutions that may not be possible in a court setting, where decisions must follow specific laws and regulations, By choosing mediation, you stay in control of the process and have more flexibility to find a solution that works for everyone involved.
The Mediator's Role
The mediator's job is to stay neutral, guide the process. and help both sides work through possible solutions. The mediator will not force anyone to accept a settlement they don't agree with.
The mediator may offer opinions about the strengths or weaknesses of certain aspects of your case. This may give you valuable insight into how a neutral third party might perceive your case.
What happens at a mediation?
Mediation typically begins with a joint meeting. During this session:
- The mediator will explain how the process works.
- Each Participant will have an opportunity to share their perspective through a short statement.
- The mediator may ask questions to clarify the issues and better understand the parties' concerns.
After the joint meeting, the mediator may meet with each side separately in private sessions, called "caucuses." This gives you a chance to share confidential information with the mediator. The mediator will not share this information with the other side unless you give permission.
The mediator may then carry offers and counteroffers between the parties to help reach an agreement.
If an agreement is reached:
- It will be written down and signed by all parties.
- Because a government agency is usually involved, the agreement may become public.
Mediations are Confidential
Confidentiality is one of the most important aspects of mediation. Mediation offers a private space to work toward solutions without worrying whether things you say will be shared in court later. All communications during mediation, including any offers or counteroffers, are private. Comments made by the mediator during the process are also confidential.
If the dispute is not resolved and the case goes to a hearing, the mediator will not share details of the mediation with the Administrative Law Judge assigned to the hearing. But there are some important exceptions:
- Agreements reached during mediation, such as a list of facts both parties agree on, may be shared with the judge in writing if both parties agree.
- Information that is already part of legal discovery does not become confidential just because is was discussed during mediation.
Be Prepared for Mediation
Mediations are most effective when all parties are thoroughly prepared. This means understanding the key issues in your case and being ready to discuss them.
To prepare for your mediation:
- Review Your Evidence: Bring any documents, case law, or other materials that support your position. Think critically about how strong and objective your evidence is.
- Understand Witness Credibility: If your case depends on witness testimony, be aware that credibility can be difficult to predict.
- Analyze the Other Side's Case: Know the strengths and weaknesses of the opposing party's argument.
- Assess your Options: A realistic evaluation of your case helps you weigh the benefits of settling versus going to a hearing.
- Know what you hope to achieve from the mediation: Identify your top Priorities and areas where you are willing to compromise. Think about the best possible outcome, as well as what you can realistically accept.
- Seek Legal Advice (if needed): For complex legal issues, consult an attorney to understand your rights, explore your options, and get guidance on the mediation process.
Preparation allows you to approach mediation with a clear understanding of your case and a better chance of reaching a successful resolution.
Think Creatively About Solutions
Mediation is a chance to explore creative solutions. Think about what you need to resolve the case and consider the needs of everyone involved.
For example, in disciplinary cases involving professional licenses, an agency might agree to impose a fine, require additional education, or place someone on probation with conditions, instead of revoking their license. Exploring different possibilities helps create solutions that may allow the case to settle. This flexibility is one of the key advantages of mediation.
Bring Full Authority to Settle
Having full settlement authority in the mediation room is essential for reaching an agreement. While it's possible to consult others by phone if necessary, this approach can create significant challenges.
When decision-makers are not present, they miss the discussions and dynamics of the mediation. This can lead them to overestimate the strength of their case or undervalue the other party's arguments, potentially causing a deadlock despite the time and effort invested in mediation.
To prevent these issues, ensure that key decision-makers are either present or have given full authority to those attending. If consulting others is unavoidable, ensure they are available by phone during the mediation session.
Guidelines for Mediation
Mediation is a voluntary process designed to help participants resolve disputes in a respectful and confidential environment. The following ground riles ensure that the mediation proceeds smoothly and fairly for everyone involved.
Participation Rules
- Voluntary Process: Participation in mediation is entirely voluntary. Parties may end their involvement at any time by informing the mediator.
- Legal Advice: The mediator does not give legal advice. Each party is responsible for seeking advice from their attorney or relying on their own judgement. The mediator has no legal obligation to protect participants; interests or inform them about their legal rights.
Confidentiality Rules
All communication during the mediation process is confidential. This includes any discussions, documents, offers, or opinions shared by participants or the mediator. Confidentiality is protected under the following guidelines:
- Outside Disclosure: Information shared during mediation cannot be discussed with anyone outside the process without written consent from all parties or a court order.
- Evidence Rules: Mediation-related information cannot be used as evidence in late legal or administrative proceedings. However, this does not prevent parties from introducing evidence that exists independently of the mediation process.
Personal Conduct Guidelines
To maintain a professional and productive mediation environment, participants must follow these rules of conduct:
- Avoid personal attacks or insults.
- Respect the personal integrity, values, and motivations of all participants.
- Avoid stereotyping individuals or groups.
- Take commitments seriously and honor agreements.
- Do not use delay tactics to avoid a resolution.
- Approach disagreements as problems to solve, not battles to win.
- Allow each person to speak without interruption.
By following these ground riles, participants create a respectful and focused environment where disputes can be resolved effectively. Mediation is a collaborative process, and these guidelines ensure fairness and professionalism.