(1) Dispute resolution meetings may be closed at the
discretion of the mediator.
(2) Any party or the mediator or mediation organization in a mediation service
proceeding or a dispute resolution proceeding shall not voluntarily disclose or through discovery
or compulsory process be required to disclose any information concerning any mediation
communication or any communication provided in confidence to the mediator or a mediation
organization, unless and to the extent that:
(a) All parties to the dispute resolution proceeding and the mediator consent in writing;
or
(b) The mediation communication reveals the intent to commit a felony, inflict bodily
harm, or threaten the safety of a child under the age of eighteen years; or
(c) The mediation communication is required by statute to be made public; or
(d) Disclosure of the mediation communication is necessary and relevant to an action
alleging willful or wanton misconduct of the mediator or mediation organization.
(3) Any mediation communication that is disclosed in violation of this section shall not
be admitted into evidence in any judicial or administrative proceeding.
(4) Nothing in this section shall prevent the discovery or admissibility of any evidence
that is otherwise discoverable, merely because the evidence was presented in the course of a
mediation service proceeding or dispute resolution proceeding.
(5) Nothing in this section shall prevent the gathering of information for research or
educational purposes, or for the purpose of evaluating or monitoring the performance of a
mediator, mediation organization, mediation service, or dispute resolution program, so long as
the parties or the specific circumstances of the parties' controversy are not identified or
identifiable.
Source: L. 83: Entire part added, p. 625, § 1, effective July 1. L. 91: Entire section
amended, p. 370, § 4, effective July 1.
Notes of Decisions
Custom Homes, LLC v. Westover, 2020 COA 178 (Colo. Ct. App. 2021).
· cites it 17× ““Any mediation communication that is disclosed in violation of [section 13-22-307] shall not be admitted into evidence in any judicial or administrative proceeding.”
In Re Marriage of Rozzi, 190 P.3d 815 (Colo. Ct. App. 2008).
· cites it 3× “Rooks had violated her duties as a mediator, and thus, violated section 13-22-307, C.R.S. 2007, by disclosing confidential information about her and the child.”
Larson v. Larson, 687 F. App'x 695 (10th Cir. 2017).
· cites it 2× “2008); see also Colo. Rev. Stat. § 13-22-307 . In contrast, Wyoming law expressly allows discovery of confidential mediation communications when a party seeks judicial enforcement of a purported mediated settlement agreement.”
Smith v. Smith, 154 F.R.D. 661 (N.D. Tex. 1994).
“Acts 641 , § 6(b); 17 Colorado, Colo.Rev.Stat.Ann. § 13-22-307 (West 1989 & Supp.”
People v. Bontrager, 407 P.3d 1235 (Colo. 2017).
· cites it 2× “See C.R.S. § 13-22-307 (1991) (“Any party or the mediator or mediation organization in a mediation service proceeding or a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning…”
Est. of Keenan v. Colorado State Bank, 252 P.3d 539 (Colo. Ct. App. 2011).
· cites it 3× “[9] We express no opinion on the applicability of either CRE 408 or section 13-22-307, C.R.S. 2010, to Keenan's argument.”
GLN COMPLIANCE v. Aviation Manual Solutions, 203 P.3d 595 (Colo. Ct. App. 2008).
· cites it 5× “in a mediation service proceeding or a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any mediation communication or any communication provided in confidence to the…”
Mandell v. Univ. of Colorado (D. Colo. 2022).
· cites it 2× “The Parties and mediator consent by this writing, pursuant to C.R.S. § 13-22-307(2)(a), that this Settlement Term Sheet may be submitted to a court or other appropriate tribunal, if necessary, to prove the existence and terms of the settlement and for enforcement.”
AECOM Technical Servs., Inc. v. Flatiron AECOM, LLC (D. Colo. 2024).
· cites it 2× “Earlier in this litigation, Judge Mix ruled that the SREA is not a mediation communication and was thus not protected from disclosure by the Colorado Dispute Resolution Act (“CDRA”), C.R.S. § 13-22-307, et seq. (ECF No. 195.”
— Colo. Rev. Stat. § 13-22-307(1) — 1 case
— Colo. Rev. Stat. § 13-22-307(2) — 6 cases
Custom Homes, LLC v. Westover, 2020 COA 178 (Colo. Ct. App. 2021).
““Any mediation communication that is disclosed in violation of [section 13-22-307] shall not be admitted into evidence in any judicial or administrative proceeding.”
— Colo. Rev. Stat. § 13-22-307(2)(a) — 2 cases
Custom Homes, LLC v. Westover, 2020 COA 178 (Colo. Ct. App. 2021).
““Any mediation communication that is disclosed in violation of [section 13-22-307] shall not be admitted into evidence in any judicial or administrative proceeding.”
Mandell v. Univ. of Colorado (D. Colo. 2022).
“The Parties and mediator consent by this writing, pursuant to C.R.S. § 13-22-307(2)(a), that this Settlement Term Sheet may be submitted to a court or other appropriate tribunal, if necessary, to prove the existence and terms of the settlement and for enforcement.”
— Colo. Rev. Stat. § 13-22-307(3) — 2 cases
Custom Homes, LLC v. Westover, 2020 COA 178 (Colo. Ct. App. 2021).
““Any mediation communication that is disclosed in violation of [section 13-22-307] shall not be admitted into evidence in any judicial or administrative proceeding.”
GLN COMPLIANCE v. Aviation Manual Solutions, 203 P.3d 595 (Colo. Ct. App. 2008).
“in a mediation service proceeding or a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any mediation communication or any communication provided in confidence to the…”
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