Colorado Mediator Mess
Let’s use another court ordered/appointed role with divorcing families--Mediation.
One that doesn’t have any standardized training as it relates to the divorce process,
One that doesn’t have any standards that protect the parents and the children as consumers
One where the mediators are not removed for poor performance
One where it appears the attorneys will have a strong say in who gets selected as a mediator
One where there will be no disclosure form required as in C.R.S. 14-10-127 (1.2), 14-10-128.1 & 128.3
One that historically,according to a California study, when court ordered, has been only 20% effective
(The same source did say when self-selected by families, mediation was up to 80% effective)
This information is from an FAQ from the Colorado Mediators
“When Should I [u]Not[/u] Mediate?
You should not mediate if you do not believe you will be able to talk about what is important to you during the mediation, or if you believe the other party has so much power over you that you will agree to something you don’t really want to agree to. You should also not mediate if you do not believe you or the other party has the ability to participate effectively in the process. Mediation may not be appropriate where there has been domestic violence or where one or more of the parties has serious mental health problems, and mediation is never appropriate if any of the parties is intoxicated by alcohol or drugs.”
“What if I’m Dissatisfied with the Mediation?
If you don’t like the mediation process, or if you are unhappy with the mediator, you can:
(1) tell the mediator what you would like to happen differently.
(2) Choose a different mediator
(3) Complain to the organization the mediator works for
(4) File a grievance with CCMO*, although only CCMO members are required to participate in this process, and not all mediators are CCMO members
(5) If the mediator is licensed in another profession, file a grievance through the process established by that profession
You may be able to file a lawsuit against the mediator; however, Colorado law gives a high level of legal protection to mediators.”
*CCMO is now the Colorado Mediation Association (ColoradoMediation.org)
Protect yourselves and your children if mediation is strongly suggested or court ordered for your family. Make sure you don’t sign any agreement without first having an attorney read it and advise you. Make sure you fully understand what can happen. It is too late once you are in the process. Better yet, avoid Colorado Courts if at all possible.