Q: CO judge denied motion to waive mediation - should I file motion for reconsideration?
I requested waiver from mediation due to psychological abuse. The Court denied the motion.
CRS 13-22-311 (1): "Any court of record may... refer any case for 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."
The Mediation Guide for Colorado Courts: "The Colorado Dispute Resolution Act provides for discretionary referral by trial courts of any and all cases to mediation... unless... there is physical or psychological abuse alleged by a party."
A Party’s Guide to Colorado Court-Ordered Mediation: "...if there is an allegation of domestic violence by a party, and any party objects to mediation, the court cannot force the parties to mediate."
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A: Courts have a lot of discretion and with psychological abuse likely you did not hav a protection order and the Court found the other parties testimony on the point more credible. It does not appear that you have a slam dunk case. You can not introduce new evidence and you have to allege an error of fact or law. Your allegation would likely involve that the Court improperly considered the testimony of the parties.
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A:
Motions to reconsider are typically disfavored. You should talk to an attorney on the matter.
It is possible a judge could grant such an order especially if there is a manifest mistake of law. But this may not be the hill to die on. Like I said, you should talk to an attorney.
In the alternative, mediation does not necessarily mean in-person mediation unless the court order states such. It is very common to see virtual mediation. You may even be able to find a mediator willing to do shuttle negotiation meaning you talk with the mediator only. The mediator then brings offers back and forth between the parties. A thought.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
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