(1) Any court of record may, in its discretion, refer any case for mediation services or dispute resolution programs, subject to the availability of mediation services or dispute resolution programs; except that the court shall not refer the case to mediation services or dispute resolution programs where one of the parties claims that it has been the victim of physical or psychological abuse by the other party and states that it is thereby unwilling to enter into mediation services or dispute resolution programs. In addition, the court may exempt from referral any case in which a party files with the court, within five days of a referral order, a motion objecting to mediation and demonstrating compelling reasons why mediation should not be ordered. Compelling reasons may include, but are not limited to, that the costs of mediation would be higher than the requested relief and previous attempts to resolve the issues were not successful. Parties referred to mediation services or dispute resolution programs may select said services or programs from mediators or mediation organizations or from the office of dispute resolution. This section shall not apply in any civil action where injunctive or similar equitable relief is the only remedy sought.
Upon completion of mediation services or dispute resolution programs, the mediatorshall supply to the court, unless counsel for a party is required to do so by local rule or order of the court, a written statement certifying that parties have met with the mediator.
In the event the mediator and the parties agree and inform the court that the partiesare engaging in good faith mediation, any pending hearing in the action filed by the parties shall be continued to a date certain.
In no event shall a party be denied the right to proceed in court in the action filedbecause of failure to pay the mediator.
Source: L. 88: Entire section added, p. 607, § 8, effective July 1. L. 91: (1) and (2) amended, p. 372, § 7, effective July 1. L. 92: Entire section amended, p. 299, § 3, effective June 2.
Cross references: For the legislative declaration contained in the 1992 act amending this section, see section 1 of chapter 66, Session Laws of Colorado 1992.