FREQUENTLY ASKED QUESTIONS FOR POTENTIAL ODR MEDIATION CLIENTS
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.
Will you take my case under ODR rules and at ODR rates?
Maybe. 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. Our approach is guided by the considered view that ODR is a program intended to provide low-cost mediation services in relatively simple and straightforward issues.
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, has the ability to pay market-rate fees; (2) the parties are pro se but have or appear to have the means (including assets or gainful employment) to pay a mediator market rates; (3) the issue or dispute cannot reasonably be settled in 2-hours (inclusive of study time); or (4) 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.
If your case is not suitable for handling within the ODR program, we schedule mediations for either half or full days at market rates. Private mediations are better suited for complicated issues and typically involve pre-mediation submissions and discussion, post-mediation follow up, and additional work by our team. Private mediations generally yield better results because the mediator has additional time to work on the parties’ issues. Our rate for private mediations is $400 per hour, which is substantially below typical hourly rates charged by local mediators with similar experience and background.
In addition, there are situations that are simply not suitable for mediation by anyone. For example, under C.R.S. 13-22-311 if one party 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.
What is the role of an ODR mediator?
A ODR mediator’s role is the same as any mediator: to help parties communicate effectively and work toward a mutually acceptable resolution of their dispute. A mediator does not make decisions for the parties and does not provide legal, financial, tax, or other professional advice. Instead, the mediator assists the parties in evaluating options and reaching their own voluntary agreement. You are strongly encouraged to talk to an attorney or other professional advisors before mediating your case. In addition, while ODR mediators are independent contractors of the Colorado Judicial Branch, they are not employees or officers of the Colorado courts and have no more standing or authority than a private mediator.
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 to complete a settlement once you have reached the available time, you will have to book a second mediation with our office.
Where and how does ODR mediation take place?
All ODR mediations through our office are conducted virtually through Zoom. 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.
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. In ODR cases, we require a two-hour deposit in domestic cases and three-hour deposit in district court cases, which may be partially refundable according to current ODR 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. However, counsel is required to sign my engagement letter and assume primary responsibility for payment of the mediator’s fee. We will issue an electronic invoice immediately after the mediation that may be paid via cash, credit card, or ACH. In cases involving 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 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.