​

By submitting a reservation for a mediation through this website, the individuals (collectively referred to as "Parties") requesting a mediation session agree that they have fully read and agree to these Terms of Service. Additionally, Parties are stating that they agree to have Holliston Crane, J.D., hereinafter “Mediator,” administer the mediation of their dispute.

 

The parties and the mediator understand and agree as follows:

 

1. Nature of Mediation

The Parties understand that mediation is an agreement-reaching process in which a neutral (the Mediator) facilitates communication between the Parties and, without deciding the issues or imposing a solution on the Parties, enables them to understand and reach a mutually agreeable resolution to their dispute. The mediation process will include at a minimum, an opportunity for all parties to be heard, the identification of issues to be resolved, the generation of alternatives for resolution, and if applicable, the development of a Memorandum of Understanding (“MOU”) or other agreement made in mediation. If an MOU is generated from the mediation, it will be shared with the Parties.

 

2. Role of Mediator

The parties hereby appoint and retain Holliston Crane, J.D., attorney at law, as mediator. It is understood that Mediator has no power to decide issues for the Parties and there is no guarantee that the dispute will be resolved. The Parties understand that mediation is not a substitute for independent legal advice. The Parties understand that the mediator has an obligation to work on behalf of all parties and that the mediator cannot render individual legal advice to any party and will not render therapy nor arbitrate within the mediation. If the Mediator provides any assessment on any legal issue or assistance in drafting a settlement agreement, that assessment or drafting assistance is in her role as Mediator and does not constitute legal advice to any party or representation of any party.
 

3. Mediation is Voluntary

Parties here state their good faith intention to complete their mediation by an Agreement. It is, however, understood that any party may withdraw from or suspend the mediation process at any time, for any reason. The Parties also understand that the Mediator may suspend or terminate the mediation if she feels that the mediation will lead to an unjust or unreasonable result; if the mediator feels that an impasse has been reached; or if the mediator determines that she can no longer effectively perform her facilitative role.
 

4. Good Faith Effort and Full Disclosure

While participating in mediation, Parties agree to make a good faith attempt to reach a reasonable resolution of this dispute through mediation, to cooperate with the Mediator and the other parties, to allow the other parties to present their positions without unnecessary interruptions or objections, and to be open, candid, and complete in its efforts to resolve the dispute. The mediator assigned to this case agrees to pursue the mediation diligently.
 

Full disclosure of all relevant and pertinent information is essential to the mediation process. Therefore, the Parties agree to be open and honest regarding all such relevant information. This includes providing each other and the Mediator with all information and documentation that would be available through the discovery process in a litigation proceeding, including but not limited to, all income, assets, and debts. Failure to make such full disclosure by any Party may invalidate any written agreement reached in mediation.

 

If there is a Protection Order, you certify this has been discussed with Mediator, that the Protection Order allows contact with the other Party for the purpose of mediation. Mediator will not proceed with mediation until a copy of the most current order has been received by Mediator.

 

5. Confidentiality

It is understood between the Parties and the Mediator that the mediation will be strictly confidential. Mediation discussions, any notes, draft resolutions, and any unsigned mediated agreements shall not be admissible in any court or other contested proceeding. Only a mediated agreement signed by all Parties will be so admissible. The Parties agree not to call the mediator to testify concerning the mediation or to provide any materials from the mediation in any court proceeding between the parties. Neither Party shall subpoena or demand the production of any mediation communications, records, notes, or work product of the Mediator. Nor shall either party subpoena the Mediator as a witness in any legal or administrative proceeding concerning this mediation. C.R.S. § 13-22-307(2). The only exception to the confidentiality of the mediation is if the mediation communication reveals the intent to commit a felony, inflict bodily harm, or threaten the safety of a child under the age of eighteen (18) years.

 

The mediation is considered by the Parties and the mediator as settlement negotiations. All Parties also understand and agree that the Mediator may have private caucus meetings and discussions with any individual party, in which case all such meetings and discussions shall be confidential between the Mediator and the caucusing party.
 

Neither the Parties nor the Mediator will make any audio or video record of these mediation meetings or any communications related to them (e.g., telephone calls between a mediator and a party) unless all individuals involved in that communication have previously agreed to said audio or video record (i.e., all Parties and Mediator in a mediation meeting or all individuals involved in a telephone call). No such records will be made by anyone connected with this mediation without full disclosure. No Party to the mediation will share the meeting ID or password with anyone not a party to the mediation. No persons will be in the room with a Party or Mediator while the mediation is in progress unless prior consent has been given by each party to the mediation. Headphones will be used to prevent another person from hearing the audio of a video conference.

 

6. Binding Nature of Agreement

Parties agree and understand that no party to this mediation shall be bound to anything said or done at the mediation, other than this Agreement to Mediate and any written settlement agreement executed by all necessary Parties. Before its execution, the terms of any settlement agreement are to be approved by all Parties or a representative of each Party. Once executed, a settlement agreement shall be binding upon all Parties to the agreement.
 

7. Legal Representation
Each party understands that he/she may have a representative present during the mediation and/or to review a proposed settlement agreement prior to its signing.

The Parties understand that mediation is not a substitute for independent legal advice.

Each Party is advised to retain counsel to determine any rights and responsibilities of the Party. If the Mediator draws up a MOU or other agreement made in mediation, this document is ancillary to the mediation proceeding and is not for the purpose of giving legal advice. Each Party is encouraged to have any draft MOU or other agreement made in mediation reviewed by independent counsel prior to execution. This is a personal decision of each Party based upon the Party’s own judgment of the agreement as developed by the Parties.

 

The Parties agree that the Mediator may discuss the Parties' mediation process with any attorney any Party may retain as individual counsel. Such discussions will not include any negotiations unless the Parties instruct the Mediator that their attorney(s) have negotiating authority. The Mediator will provide copies of correspondence, draft agreements, and written documentation to independent legal counsel at a party's request.
 

8. Indemnification

The Parties hereby covenant and agree to hold harmless and indemnify the Mediator and her respective heirs, personal representatives, successors and assigns from and against any and all liabilities of or related to the mediation (including, without limitation, reasonable counsel fees and costs and expenses incurred in the investigation, defense or settlement of any claims covered by this indemnity), other than claims which arise from the gross negligence or willful misconduct of the Mediator. The Parties further covenant and agree not to institute, cause to be instituted, or cooperate in or facilitate the institution of any action against the Mediator of or relating to the mediation and Parties further covenant and agree to indemnify and hold the Mediator harmless from and against all expenses, of any type or nature, defending against any claim the institution of which any Party has participated in violation of this covenant not to sue.

 

9.Mediation Fees/Cancellation/Rescheduling Policy

The Parties and the Mediator agree that the fee for the Mediator shall be $75 per hour per party for each two-hour session for District Court cases. The fee shall be $30-$50 per party per hour for County Court cases. Each party is responsible for their portion of the Mediator’s fees unless the Parties agree otherwise in writing prior to the mediation. Reduced fees must be approved by the Court or ODR. Then the fee shall be $15 per party per hour for all cases. 
 

Fees for mediation must be paid ten (10) days prior to the mediation session. If not paid within that time frame the mediation appointment will not be confirmed and the reserved date will be cancelled. If only one Party has paid but the other Party has not by the 10 day deadline, then the collected fees will be returned to the paying Party. The timeline is seven (7) days for County Court cases. 
 

Mediation appointments must be cancelled or rescheduled at least seven (7) days prior to the mediation for a full refund or transfer of the payment to the new date. Appointments not cancelled at least seven (7) days before the mediation will not be refunded.
 

If there is an unforeseen emergency (illness, accident, etc.) Parties may reschedule without penalty; however, documentation of the emergency may be required. Deposits already made will be transferred to the new session and are not refundable.

If a Party fails to appear or cancels after the seven (7) day deadline, that Party will be charged the full cost for both Parties to schedule a new appointment.
 

If Parties choose to have Mediator do additional work, outside of the scheduled mediation, including but not limited to: write-up of a full written settlement agreement, phone calls, changes to the MOU, etc. then Parties will be billed an additional $150 per hour. This fee has a one hour minimum, and will be split evenly, unless otherwise agreed upon. Mediator will keep track of all time spent in six (6) minute increments and bill Parties the total additional cost after the final settlement agreement has been completed. Parties then have forty-eight (48) hours to pay their portion of the final bill. Mediator will send out the final settlement agreement for signature once the final payment is received.
 

The parties shall be jointly and severally liable for the mediator's fees and expenses.

Should payment not be timely made, the Mediator may, in her sole discretion, stop all work on behalf of the Parties, including the drafting and/or distribution of the Parties' Agreement, and withdraw from the mediation. If collection or court action is taken by the Mediator to collect fees and/or expenses under this Agreement, the prevailing party in any such action and upon any appeal therefrom shall be entitled to attorney fees and costs therein incurred.