Mediation in Colorado

Mediation for parenting time enforcement disputes

C.R.S. 14-10-129.5 governs disputes over an existing parenting time order or schedule. A parent can file a verified motion, or the court can act on its own motion, alleging noncompliance. Within 35 days, the judge can set an expedited hearing, dismiss the claim, or require the parties to seek mediation. If mediation is ordered, the parties must report back to the court on the results within 63 days. If the court finds a parent willfully denied or interfered with parenting time, that parent typically must pay the other side's costs. This includes attorney fees tied to the motion. A parent who files a substantially frivolous motion can be ordered to pay the other side's costs instead.

The Office of Dispute Resolution

The Colorado Judicial Branch operates an Office of Dispute Resolution. It provides reduced-rate, court-connected mediation services for families, including custody and parenting disputes. To use the reduced ODR rate, parties generally select an approved mediator from the state or judicial district's list. They then tell that mediator they intend to use the official reduced rate. The Colorado Judicial Branch's self-help resources hub links to forms and instructions for requesting lower-cost mediation.

Confidentiality and mediator selection

Colorado protects mediation communications under its own Dispute Resolution Act, C.R.S. 13-22-307, rather than the Uniform Mediation Act. The statute bars mediation communications disclosed in violation of the section from being admitted into evidence in a judicial or administrative proceeding. It carves out exceptions, including where a communication reveals an intent to commit a felony, inflict bodily harm, or threaten the safety of a child. The agreement to mediate itself, and any final written agreement the parties sign, are not confidential and can be referenced in court.

For the court-connected, reduced-rate track, parties choose from a list of mediators approved by the state or the local judicial district through the Office of Dispute Resolution program. Families who mediate privately, outside the ODR reduced-rate structure, can select any mediator they agree on. It is worth confirming that mediator's family law training and experience before starting.

Domestic violence and mediation

Colorado courts generally screen for domestic violence before ordering parents into mediation. The state's parenting time statutes emphasize child and family safety in custody-related proceedings. If domestic violence is a factor in your case, raise it with the court directly. Ask that any mediation referral, and the format of any required session, account for that safety concern before a mediation date is set.

How a mediated agreement becomes a court order

Mediation ordered under C.R.S. 14-10-129.5 requires the parties to report the results back to the court within 63 days. If the parents reach agreement, it is put in writing and submitted to the judge for approval. The agreement itself is not confidential and can be referenced and incorporated by the court. Once approved, it becomes an enforceable modification of the parenting time order, or another court order in the case. If mediation does not resolve the dispute, the case returns to the court for further proceedings, including a possible hearing on the underlying enforcement motion.