Alternative Dispute Resolution (ADR) is a term used for methods of problem-solving that can help individuals in conflict reach a mutual agreement. ADR is an alternative to traditional avenues of conflict resolution, such as court actions and hearings. The Colorado Civil Rights Division's program includes both mediation and conciliation. If you are an individual with a disability and require an accommodation in order to access CCRD's services, please call 303-894-2997 (local), 800-262-4845 (voice), 711 TTD -Relay, or email: dora_ccrd@state.co.us.
Alternative Dispute Resolution
After a party files a complaint of discrimination with the Division, either or both parties may request to participate in a voluntary mediation session. A Division investigator may also refer a case for mediation efforts at their discretion. Both parties must voluntarily agree to participate in mediation.
Mediation is an opportunity for the parties to try to resolve the complaint in a controlled and confidential setting with the help of a neutral third-party, a mediator. Our mediators may hold a mediation, which is essentially just a meeting or conference with the parties, in an attempt to facilitate settlement negotiations and aid the parties in resolving their dispute. It is generally up to the parties to determine what the primary terms of their settlement agreement may be, such as monetary and/or non-monetary terms.
The potential advantages of mediation include, but are not limited to:
- Saving time and money
- Avoiding court proceedings
- Having the opportunity to be heard
- Taking an active role in the outcome and resolution of the dispute
- Attaining peace of mind that this matter is resolved
Although settlement of the complaint is a goal of the mediation process, the parties are not obligated to reach a settlement agreement.
- Mediation Ground Rules and Basics
We highly recommend that parties prepare for mediation. Before the mediation session, we suggest that parties think about their goals for mediation and what it is that each party would need in order to resolve the complaint at issue. We also suggest that the parties come to the mediation meeting with an open mind and remain flexible about the potential results. The Division requires that parties agree to participate in mediation in good faith. Parties who should participate in mediation include those with settlement authority and, if represented, the parties’ attorneys. (Attorneys are not required for the parties to participate in mediation.) The parties may also decide to bring additional individuals to mediation, such as for informal guidance or emotional support, but the mediator has the discretion to decide whether or not such persons will be permitted to participate in mediation. Any person who attends or participates in the mediation must sign the written agreement to mediate, as required by the Division.
Mediation through the Division is offered to the parties at no cost.
All parties have the right to have legal counsel present during the mediation; however, the Division does not provide attorneys or legal counsel for the parties. The mediator cannot provide legal advice to either party. Our mediators do not make decisions about the outcome of the case, weigh evidence, or take testimony. If the parties do not reach a settlement agreement during mediation, the complaint will continue through the Division’s administrative investigation.
- Request Mediation
To request and schedule mediation, or for more information, please contact us.
Please note that there is a 48-hour cancelation policy for mediations facilitated by the Division.
Conciliation is a type of Alternative Dispute Resolution (ADR) which can help parties who are involved in a discrimination complaint reach a settlement agreement. If the Colorado Civil Rights Division’s Director issues a Probable Cause determination regarding any of the claims asserted in the complaint at issue, both the Complainant and Respondent are required by Colorado law to participate in a conciliation session with the Division.
Our conciliators help the parties in their attempts to reach a voluntary settlement agreement and vindicate the public interest regarding the Division’s Probable Cause determination. Conciliation is a practical and useful form of ADR that is available at no cost to the parties. During conciliation, the parties are given the opportunity to try and reach a mutually acceptable settlement in a controlled setting with the aid of a neutral conciliator.
Although not required, reaching a settlement during conciliation has many advantages. These benefits include, but are not limited to:
- Saving time and costs
- Avoiding hearings or potential court proceedings.
- Providing input in resolving the complaint of discrimination
- Attaining peace of mind that this matter is resolved
- Conciliation Ground Rules and Basics
It is important that parties prepare for conciliation. Before conciliation, we suggest that parties think about their goals for conciliation and what it is that each party would need in order to resolve the complaint at issue. We also suggest that the parties come to the conciliation with an open mind and remain flexible about the potential results. Conciliation focuses on resolution and helping each party move forward from the Division’s Probable Cause determination regarding the claim(s) asserted in the discrimination complaint.
Parties who should participate in conciliation include those with settlement authority and, if represented, the parties’ attorneys. (Attorneys are not required for the parties to participate in conciliation.) The parties may decide to bring additional individuals to conciliation, such as for informal guidance or emotional support, but the conciliator has the discretion to decide whether or not those additional individuals will be permitted to participate in conciliation. Any person who attends or participates in the conciliation must sign the written agreement to conciliate, as required by the Division.
Conciliation through the Division is offered to the parties at no cost.
All parties have the right to have legal counsel present during the conciliation; however, the Division does not provide attorneys or legal counsel for the parties. The conciliator cannot provide legal advice to either party. Our conciliators do not make decisions about the outcome of the case, weigh evidence, or take testimony. If the parties do not reach a settlement agreement during conciliation, the case will proceed to the Civil Rights Commission to determine if it will be set for a hearing before an administrative law judge with the involvement of the Colorado Attorney General’s Office.
- More Information
For additional information about conciliation, please contact us