Mediation
Mr. Moutz is a mediator and arbitrator located in Boulder Colorado. Eric’s mediation work is informed by his 26 years as a civil trial attorney and 15 years as an administrative hearing officer and arbitrator. As an experienced trial attorney, mediator, arbitrator, and administrative hearing officer, Eric has a unique understanding of the legal, financial, and practical challenges that parties face. His experience allows him to provide parties with a realistic assessment of risk while helping them identify practical solutions.
Eric serves as a mediator in matters involving:
- Business and commercial disputes
- Corporate governance and ownership disputes
- Securities-related disputes
- Employment disputes
- Construction disputes
- Real estate and land use matters
- Other complex civil litigation matters
In addition to civil matters, Eric has experience mediating domestic relations matters, including parenting plan disputes and financial support issues.
Why Choose Eric as a Mediator?
Selecting the right mediator can have a significant impact on whether a dispute resolves efficiently and whether the parties reach a meaningful resolution. Eric J. Moutz brings a unique combination of experience as a trial lawyer, mediator, arbitrator, and hearing officer to every mediation.
Litigation Experience That Informs the Process
Eric has spent more than 25 years representing clients in complex civil litigation involving significant financial and reputational issues. His experience evaluating cases from the perspective of an advocate provides parties with a practical understanding of the strengths, weaknesses, and potential outcomes of continued litigation.
A Realistic Assessment of Risk
Effective mediation requires more than simply exchanging settlement offers. Eric helps parties evaluate the legal and practical realities of their positions, including the uncertainty, expense, delay, and business consequences associated with continued litigation.
Experience with Complex Disputes
Eric’s mediation practice focuses on matters involving sophisticated parties and complex legal issues, including:
- Business and commercial disputes
- Corporate governance matters
- Securities disputes
- Employment disputes
- Construction disputes
- Real estate and land use matters
- Other complex civil litigation
His familiarity with these areas allows him to quickly understand the issues and focus discussions on the factors most likely to lead to resolution.
Preparation and Active Engagement
Eric believes successful mediations require preparation and meaningful engagement. He reviews the relevant facts and legal issues before mediation and works actively with the parties throughout the process.
Rather than simply facilitating the exchange of positions, Eric helps parties identify the obstacles preventing resolution, evaluate alternatives, and develop practical solutions.
Mediation Style and Approach
Effective mediation requires more than simply communicating settlement positions. Eric’s approach combines preparation, legal analysis, active engagement with the parties, and a thorough understanding of the issues driving the dispute.
Before mediation, Eric reviews the key facts and legal issues and works to understand the parties’ objectives. During mediation, he helps participants evaluate the strengths and weaknesses of their positions, the risks and costs of continued litigation, and the opportunities for resolution.
Eric provides parties with an informed and objective perspective regarding how a dispute may be viewed by a judge, jury, arbitrator, or other decision-maker.
His goal is to help parties make informed decisions and reach durable resolutions when settlement serves their interests.
Experience as a Mediator and Neutral
Eric’s has served as a mediator through the Colorado Judicial Branch Office of Dispute Resolution and is a member of FINRA’s mediator and arbitrator rosters. He has also served as a volunteer mediator with Colorado’s 20th Judicial District. In addition, Eric has served as a hearing officer for Boulder County, the City and County of Denver, the City of Thornton, and the Colorado Fire and Police Pension Association. He has served as a member and chairperson of the Boulder County Board of Adjustment and as co-chair of the Boulder County Bar Association Litigation Section. Eric has completed substantial mediation and alternative dispute resolution training, including the Colorado Bar Association’s mediator training program.
Private Party Mediations – Scheduling and Fees
Eric conducts private mediations primarily through Zoom and is also available to travel to parties’ offices or other mutually agreed locations in Boulder or Denver, subject to availability.
Fees: $400 per hour, plus any requested travel time or other expenses. Fees apply to preparation, travel, mediation sessions, and reasonable post-mediation follow-up. Mediation fees may be allocated among the parties as they agree. In the absence of an express agreement in our engagement letter, fees will be divided equally among participating parties.
Scheduling: Eric schedules mediations in either:
- Half-day sessions (4 hours), or
- Full-day sessions (8 hours)
Please contact our firm through this website or call us at 303-440-3923 to schedule a mediation.
Deposit: We require a deposit equal to the scheduled mediation session is required to reserve a mediation date. Refund policies and scheduling terms are provided at the time of scheduling.
Colorado Judicial Branch Office of Dispute Resolution Mediations
Eric accepts a limited number of mediation matters through the Colorado Judicial Branch Office of Dispute Resolution (“ODR”) as a public service. ODR offers lower rates and shorter 2-hour mediations with the goal of expanding public access to mediation services. Eric generally does not take cases under ODR when the parties are represented by counsel, the amount in dispute is meaningful, the facts or dispute is complicated and cannot be resolved within 2-hours, or the parties appear able to pay market rates.
ODR mediations are conducted virtually through Zoom and are subject to ODR’s applicable fee schedules, refund procedures, and other policies. These mediations are scheduled through [email protected].
Potential ODR participants should review the firm’s ODR FAQ for additional information.