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.

E-mail: Jock@flemingandlowenberg.com

Mr. Fleming has practiced law for over 25 years, concentrating in the areas of family law, land use and construction disputes, and other civil litigation. He has been a part-time Municipal Judge for the City of Montrose and the Town of Olathe. He has been a part-time counsel for 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. He represents general contractors, subcontractors, suppliers, developers and homeowners. He also represents individuals in family law matters, including estates, probate and disputes, guardianship and conservatorship, adoption, and divorce. He is also a trained mediator providing dispute resolution and settlement assistance to attorneys and individual parties. Mr. Fleming is the official ODR mediator for the area.

Prior to entering into the practice of law, Mr. Fleming worked in municipal finance, and in federal and state grant and contract management.

He was on the local school board for 12 years, including a term as president, and served on the Montrose County Planning Commission. He is now serving on the DMEA board.

Mr. Fleming currently concentrates on civil litigation including land use, housing, construction and contract disputes. He also deals with businesses and public entities concerning their legal issues. Because of his position as part-time counsel for the Department of Health and Human Services, he continues his work in family law, including issues involving both children and adults.
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