The Mediation Process
Viewed by many courts as legally binding, any agreement that is reached in mediation is both confidential and protected by Colorado law. Because of the legal implications, it is important to note that mediation is a voluntary process, entered into, continued and ended at the discretion of either or both parties, at any time.
Because of the confidentiality of the process and the resulting agreements, no person, including the mediator, can disclose the conversations or events that occurred during mediation to others without the written consent of both parties. This confidentiality clause is meant to facilitate the open communication that is needed to encourage a free exchange of ideas and statements in order to reach an long-term and lasting agreement that is adhered to by each party. Mediation should be an environment where issues, agreements and personal information is kept private.
Lastly, it is imperative that mediators do not give either party legal advice. Though it may be helpful, at times, to advise parties about the legal process and the law, mediators frequently advise participants to consult with their personal legal counsel before signing the agreement.