Alternative Dispute Resolution/mediation Order (Page 2 of 2) in pdf

Alternative Dispute Resolution/mediation Order Page 2

7. Except as expressly provided in this Order, applicable Colorado statutes, rules and/or case law

shall govern the mediation or other ADR process.

8. The expense of the mediation or other ADR process shall be the responsibility of the parties, and

shall be divided equally between the parties unless otherwise agreed.

9. When using mediation, the parties are advised that:

The primary purpose of a mediator’s service is to assist them to reach a mutually acceptable

resolution of their dispute.

The mediator chosen may or may be not a lawyer, but the mediator cannot and will not provide

legal advice to either or both parties.

Any documents used and prepared by the mediator are ancillary to the mediation process and

do not constitute legal advice,

The mediator is not obligated to identify or resolve legal issues.

The parties’ settlement may result in the waiver or compromise of legal rights.

It is the responsibility of the parties to obtain legal advice if they so choose. Any mediator

chosen by the parties who operates under a written Agreement to Mediate, which includes

these advisements, shall be authorized by this court to act as the parties’ mediator. In so doing,

the mediator may develop and draft a Memorandum of Understanding that reduces the

agreement of the parties to writing, if requested by the parties.

9. Within five days after the completion of the mediation or other ADR process, the attorney for the

Plaintiff is ordered to complete, file with the Court, and serve upon all other parties the Certificate of

Compliance (JDF 1119) attached to this Order.

10. Failure to comply with this order may result in sanctions.

Date: _____________________

______________________________________

District Judge

CERTIFICATE OF SERVICE

I certify that on __________________ (date), I mailed, faxed, e-filed, or hand-delivered a copy of this Order to the

following:

Attorney for Plaintiff(s) or Plaintiff(s) pro se

Attorney for Defendant(s) or Defendant(s) pro se

Other: ____________________________________

___________________________________

Clerk

JDF 607 R9/08

ALTERNATIVE DISPUTE RESOLUTION/MEDIATION CIVIL CASE ORDER

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Alternative Dispute Resolution/mediation Order Page 2