MEDIATION

Mediation

Mediation can be described as an assisted negotiation. The mediator is neutral and has no bias against any of the parties or their positions. He/she is the facilitator who assists the parties in reaching an agreement that is acceptable to them. The agreement is not imposed upon the parties; it is reached through the facilitated negotiation process typical of a mediation proceeding. Judges and arbitrators make decisions that are imposed on the parties.

Mediators may be requested during the course of a mediation to provide their evaluation of the probable outcome of a dispute were it to be litigated or arbitrated. If there is such an evaluation, it is done at the request of the parties but is not binding upon them unless they request and agree to it.

The formal procedures found in court or arbitration proceedings are not present in mediation proceedings. There are no rules of evidence or set procedures for the presentation of facts or positions.

Before mediation commences, the parties and the mediator agree upon the procedures that will be followed. It is the party's proceeding; they can fashion it in any way that makes sense to them and the mediator. This absence of formality provides for open discussion of the issues and allows the free interchange of ideas. Thus, it becomes easier to determine the interests of the parties and to fashion a solution that satisfies those interests.

The Colorado Dispute Resolution Act (C.R.S. 13-22-301 et seq), provides that “Any court of record may, in its discretion, refer any case for mediation services or dispute resolution programs….” Most civil cases in Colorado are referred to mediation by the courts, and most civil cases settle out of court through the mediation process.

Mediation Provided by:

John J. Fleming Jr.

Mr. Fleming is a seasoned attorney and mediator with more than 38 years of experience in civil litigation and dispute resolution, is now offering top-tier mediation services tailored to the needs of Colorado law firms and their clients.


Mr. Fleming’s extensive legal career spans family law, land use, construction disputes, and other civil litigation matters. He has represented a wide array of clients, including general contractors, subcontractors, suppliers, developers, homeowners, and individuals navigating family law issues such as estates, probate disputes, guardianship, adoption, and divorce.


Notably, Mr. Fleming is also the official Office of Dispute Resolution (ODR) mediator for the region. His training in mediation, coupled with his legal expertise, makes him uniquely positioned to assist attorneys and their clients in achieving equitable, efficient, and amicable

resolutions to civil disputes.


Mr. Fleming’s professional background reflects a deep commitment to public service and a nuanced understanding of complex legal and interpersonal issues. In addition to his private practice, he has served as:

  • A part-time Municipal Judge for the City of Montrose and the Town of Olathe.
  • Part-time counsel for entities such as the Montrose County Department of Health and Human Services, the Montrose County Child Support Enforcement Unit, the Montrose/Olathe School District, and the Montrose County Housing Authority.
  • Currently a member of the Montrose County Planning Commission and serves on the DMEA board.


His career also includes a solid foundation in municipal finance, federal and state grant management, and contract administration. These experiences further enhance his ability to address disputes involving land use, housing, construction, contracts, and business matters.


With his diverse skill set, Mr. Fleming is committed to helping law firms and their clients navigate and resolve disputes effectively, whether through facilitation, negotiation, or settlement assistance.



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