FREQUENTLY ASKED QUESTIONS ABOUT ODR MEDIATIONS
What types of ODR cases do you handle?
We provide mediation services for district court civil matters and select domestic relations matters referred through the Office of Dispute Resolution (ODR). We do not handle county court or small claims court matters. You can read more about Eric’s experience here and about his mediation practice in general here.
Will you take my case under ODR rules and at ODR rates?
Maybe. We are not required to take any ODR client that calls us. ODR sets fees for mediation services at well below market rates. You can read more about ODR here. We take a very limited number of ODR cases as a public service and are, therefore, selective about what cases we take. ODR mediations with our office are also time limited to two (2) hours in domestic or probate cases and three (3) hours in district court civil cases. We believe ODR is a program intended to provide low-cost mediation services in relatively simple and straightforward situations.
Therefore, we typically do not offer ODR fees or structures in cases: (1) one or both parties are represented by private legal counsel and, therefore, have the ability to pay market-rate fees; (2) the issue or dispute cannot reasonably be settled in 2-hours (inclusive of study time); or (3) there is a substantial amount in dispute or important non-monetary issue involved. If your case falls into one of those categories, we would be happy to discuss mediation outside of the ODR program.
Do I have to hire an ODR mediator or can I hire a private mediator instead?
Generally, you do not have to hire an ODR mediator. While you should review any court order that applies in your case, if you have been ordered to mediate then you still free to hire any mediator that is acceptable to you and the other party. If your case is not suitable for this firm’s ODR docket, but you still want to use Eric Moutz as your mediator, we can schedule your case for a private mediation like any other client. We schedule these mediations for either half or full days rather than the 2-3 hour blocks we use for ODR cases. Private mediations are better suited for complicated issues and typically involve pre-mediation submissions and discussion, post-mediation follow up, and additional work with the parties or counsel. Private mediations may yield better results in complicated or difficult cases because the mediator has additional time to understand and work on the issues. Our rate for private mediations is $400 per hour ($200 per party), which is below typical hourly rates charged by local mediators with similar experience. Another advantage of private mediations is that you can review Eric’s calendar and request dates directly on our website at this page. We currently do not offer online scheduling in ODR cases.
Are all cases appropriate for mediation?
No. There are situations that are simply not suitable for any mediator. For example, under C.R.S. 13-22-311 if one party to a mediation claims to be a victim of physical or psychological abuse by the other party and states they are unwilling to mediate because of that abuse, a court may not order mediation, and our offices will not handle the matter. A party may decline mediation (or terminate mediation) on this basis regardless of when the abuse occurred and regardless of whether a protection order or criminal complaint has been filed. A party may also invoke this protection at any point (including during mediation). We also reserve the right to refuse or terminate service in cases where power dynamics or differences in the sophistication of pro se parties would leave one party substantially disadvantaged.
How long do ODR mediations last?
ODR mediations are booked for two-hours in a domestic case and three-hours in a district civil case. This time limitation includes pre-mediation study and any post-mediation follow up as allowed under ODR policy. Therefore, the actual time available for mediation will vary. These are hard limits and a mediation will end once the allotted time has expired. If you need additional time, you will have to book a second mediation with our office. Private party mediations are not subject to this restriction and, generally, go as long as the parties remain willing to keep talking.
Where and how does ODR mediation take place?
ODR mediations through our office are conducted virtually through Zoom unless ODR policy requires otherwise. After mediation is scheduled, we will provide a Zoom meeting link to all participants. In order to participate, you will need access to a computer, tablet, or phone to connect to the mediation. You will also need a quiet location where you can sit undisturbed while you participate.
How much does ODR mediation cost?
For matters referred directly through the Office of Dispute Resolution (ODR), I charge the applicable ODR schedule fees. These fees are generally $75 per party per hour or the currently published ODR rate (if different). In ODR cases, we require a two-hour deposit in domestic cases and three-hour deposit in district court cases and follow ODR refund policies.
How and when do I pay for my ODR mediation?
In cases where a party is represented by legal counsel, we typically do not require or accept an advance deposit in ODR cases. However, counsel is required to sign my engagement letter and assume primary responsibility for payment of the mediator’s fee. We strongly encourage attorneys to make arrangements with their client to collect the required fee before mediation happens. Regardless, we will issue an electronic invoice to counsel immediately after the mediation that may be paid via cash, credit card, or ACH. In the case of a self-represented or pro se party we require an advance deposit equal to that party’s full 50% share of mediation costs. The deposit must be paid by cash or check and delivered to:
The Law Offices of Eric J. Moutz, LLC
4450 Arapahoe Ave., Suite 100
Boulder, Colorado 80303
We do not accept advance electronic or credit card payments from self-represented or pro se parties. The mediation will not go forward if both parties have not delivered their deposits to our firm 10 days before a district civil case mediation or 7 days before a domestic or probate mediation.
What are your qualifications?
I have 26 years of litigation experience, including approximately 10 years with two nationally ranked law firms. I have also served as an administrative hearing officer and arbitrator for approximately 15 years. You can read more about my background here and my mediation practice here. I have mediated cases since 2010 and have worked as a volunteer mediator for Colorado’s 20th Judicial District (Boulder County) and as a contract mediator for the Colorado Judicial Branch, Office of Dispute Resolution. I am also listed on FINRA’s mediation roster. I have completed more than 100 hours of mediation training and have participated in hundreds of hours of mediation proceedings as both a mediator and a party representative. I regularly take additional continuing education to supplement this experience.
How should I contact you?
We schedule and manage ODR mediations exclusively through [email protected]. Our office does not return phone calls requesting information regarding ODR mediations or schedule ODR mediations by phone. Your initial email must include: (1) the names and email addresses of all parties; (2) your case information (case name, court, and case number); and (3) at least three dates and times that are acceptable to all parties.