Our Mediation Practice
Eric J. Moutz is an experienced mediator, attorney and hearing officer who helps parties throughout Colorado resolve their disputes. We offer mediation, arbitration, early case evaluation and special maser services. The firm’s real-time calendar for market rate (non-ODR) mediation matters is available below. You can use this calendar to check and request dates.
Note that these forms show a current calendar and allow you to request a mediation date. We will hold that date upon receipt of your request and respond promptly. We will not undertake any matter without a fully executed engagement letter and deposit.
What Sets Us Apart?
Current Experience
Eric is a former big firm attorney who has spent more than 26 years representing clients in complex civil litigation and 15 years as an administrative hearing officer. He has also spent hundreds of hours in mediation as both an attorney and mediator. This combination of experience gives Eric credibility and insight.
Practical Focus
Unlike mediators who were last in private practice years ago, Eric is a trial lawyer. He understands litigation budgeting, developing trends, settlement strategy, and the reality of litigation for clients and counsel. This helps Eric produce realistic case assessments which, in turn, settles cases.
Active Engagement
Eric believes successful mediations require both preparation and engagement. Some mediators focus on shuffling settlement offers back and forth. We review the relevant facts and legal issues before mediation and works actively to broker a deal. Eric helps parties identify emotional and practical obstacles preventing resolution, evaluate alternatives, and develop creative solutions to joint problems.
Technology
We rely heavily on technology to manage and conduct mediations. Where appropriate we utilize current technology to summarize voluminous material (saving time and money) and handle management of your matter. We also conduct most mediations via videoconference to reduce travel time and make mediations easier to schedule.
Frequently Asked Questions
Mediation is a confidential settlement discussion. Mediation offers parties a way to resolve their disputes confidentially and with less expense than litigation. Mediation also gives parties more control over the outcome. A good mediator can also help you assess your arguments before you present them to a judge or jury.
Yes, Colorado law favors resolution of disputes by mediation and settlement. Accordingly, in Colorado mediation enjoys special protections under the Colorado Dispute Resolution Act (C.R.S. 13-22-101, et. seq.) including confidentiality (see C.R.S. 13-22-307) and the ability to have a court enter an agreement resulting from mediation as a court order (see C.R.S. 13-22-308).
Eric mediates a variety of cases including business litigation, partnership disputes, securities disputes, contract disputes, fraud, negligence, business divorces, LLC member disputes, construction industry disputes, negligence, personal injury, land use, eviction, and domestic matters.
Eric is a former “big law” attorney with 26 years of experience as a commercial litigator, 15 years of experience as a hearing officer, and is an honors graduate of the University of Michigan Law School. Eric has mediated cases for over 15 years and has completed hundreds of hours of training in dispute resolution. Eric’s full biography can be found here.
We charge by the hour. In private party cases Eric charges $400 per hour and books mediations in half (4 hours) or full (8 hours) day blocks. Eric charges for all time spent on preparation, travel, mediation, and follow-up. Counsel is responsible for fees. We divide fees equally between all participating parties in the absence of an express agreement in our engagement letter. In ODR cases we follow ODR billing policy.
Yes, we require all parties to pay a deposit equal to the anticipated cost of their mediation. In private party cases this deposit is refundable up to 14 days prior to the scheduled mediation date. After 14 days, we retain 50% of the deposit plus our fee for preparation. In ODR cases we follow ODR refund policies.
We require deposits to be paid by cash or check at our offices. If any additional amounts are owed after the mediation, counsel or the parties will be invoiced electronically and may pay by check, ACH, or credit card.
Yes. We conduct almost all mediations by videoconference. It costs less for the parties and works as well (or better) than in-person sessions. However, if you need an in-person mediation we can accommodate that for an additional $100/hour plus expenses.
We take a limited number of cases via the Colorado Judicial Branch’s Office of Dispute Resolution (“ODR”) as a public service. We conduct ODR cases remotely. We do not offer ODR rates or terms when parties can pay market rates or ODR would otherwise compete with our private mediation practice. More information about our firm’s policies on ODR mediations can be found here. Additional information about the ODR program can be found here.
Please email [email protected] and mention ODR. We schedule and administer ODR cases exclusively via email and will not return phone calls regarding ODR matters.