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The Colorado Mediator Mess


The Colorado Mediator Mess

Colorado domestic relations courts tend to have “trendy” court appointees. The latest trend is to use “mediators” who have no state standards of practice, no state oversight board and cannot be grieved for unlawful or questionable practices. Would you have confidence in using an unlicensed doctor, surgeon or dentist?

Your family could easily be victimized by agreeing to use a court ordered mediator.
PLEASE check it out before you agree to use a mediator in Colorado domestic relations courts.

Mediation is NOT recommended for families with a history of abuse.
If the mediator has served or serves also as a Child and Family Investigator (CFI) or Parent Responsibility Evaluator (PRE) that is a red flag in my book. My former CFI is now serving as a mediator and states having conducted over 150 PRE’s.  She didn’t know much about domestic abuse but said she did. PLEASE be careful.

Let’s use another court ordered/appointed role with divorcing families–Mediation.

  • One that has no state standardized, required training as it relates to the divorce process
  • One that no state standards that protect the parents and the children as consumers
  • One where the mediators are not readily 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 required as in C.R.S. 14-10-127 (1.2), and 128.1 & .3
  • One that according to a California study, when court ordered, has been only 20% effective

(The same study did say when self-selected by families, mediation was up to 80% effective.)


“When Should You Not Mediate?”

This information is from an FAQ on a CCMO* web page. It is no longer on what is now the Colorado Mediator Association, the MAC, web page.

• 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 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.


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