A Colorado workers’ compensation or personal injury case going to trial is a huge step…fortunately, a mechanism exists to settle cases out of court since trials are a very lengthy and expensive endeavor where the outcome is much less certain.
Mediation is the most commonly used form of alternative dispute resolution in Colorado and across the country. It’s a voluntary process where parties have a confidential forum to discuss their issues in a constructive way.
For instance, the Office of Administrative Courts has used mediation in over 600 Colorado workers’ compensation cases since 1995 – with an 80% success rate!
Judges and legal assistants trained in mediation facilitate communication, clarify issues and help parties assess their options.
It’s up to the parties to settle the dispute…each must be open-minded to solutions in order for mediation to be successful.
Basically, mediation sessions begin as a joint meeting where the mediator lays out ground rules and addresses any clarifying questions either party may have. Then, each party meets confidentially with the mediator in what’s known as caucus.
Often times, the mediator will relay settlement offers and counteroffers between each of the parties.
Learn more about mediation and see if it could work for you by reading Resolve Colorado Personal Injury and Workers ’ Compensation Disputes Out of Court, a new article in the Babcock Law Firm knowledge center.