Colorado Small Claims Mediation: Is It Mandatory and How Does It Work?

Is Mediation Mandatory?

It depends on the county. Under C.R.S. § 13-22-311, courts may refer cases to mediation at their discretion, subject to the availability of mediation services and statutory exceptions. Many judicial districts exercise that authority aggressively. Denver County Court, Adams County, Arapahoe County, and El Paso County routinely schedule mediation either on the morning of your trial date or at a separate session before it.

When the court orders mediation, you must attend. Skipping it can result in your case being dismissed or a default judgment entered against you.

In some courts, mediation happens the same day as trial — you arrive, check in, and meet with a mediator before the judge hears anything. If mediation fails, the trial proceeds immediately after. In others, mediation is set for a different date, and the trial is only scheduled if no agreement is reached.

What Happens During Mediation

A mediator from the court's Office of Dispute Resolution (ODR) or an approved community mediation program sits down with both parties. The mediator is neutral — they do not decide who is right, and they do not take sides.

Each party explains their position. The mediator may ask questions, suggest compromises, and facilitate negotiation. Sessions typically last 30 minutes to an hour.

The mediator cannot force a settlement. If both sides agree, the terms are written up. If not, you proceed to trial.

Preparing for Mediation

Come with a clear idea of three things:

1. Your ideal outcome — the full amount you believe you are owed
2. Your walkaway number — the minimum you would accept to avoid trial
3. A realistic middle ground — a settlement or payment plan that resolves the dispute without the uncertainty of a judge's ruling

Bring the same evidence you would bring to trial. Showing the other side your documentation during mediation — contracts, photos, demand letters, receipts — can move negotiations faster than arguing about what happened.

If You Reach a Settlement

Both parties sign Form JDF 75 ("Stipulation"), which is submitted to the clerk and entered as a binding court order. The trial is canceled. A stipulation can include lump-sum payment, installment plans, or non-monetary terms like returning property.

Once entered as a court order, a JDF 75 settlement is enforceable. If the other side does not comply with the payment plan, you can pursue enforcement through the court without relitigating the original dispute.

If Mediation Fails

You proceed to trial. Mediation communications are confidential and generally cannot be disclosed, subject to statutory exceptions under C.R.S. § 13-22-307. Evidence that is otherwise discoverable does not become protected just because it was presented during mediation. The judge starts fresh, hears both sides, and makes a ruling based on the evidence presented in the courtroom.

Why Mediation Often Works

Community discussions from Colorado litigants consistently show that many small claims disputes settle during mediation. Defendants who ignored demand letters sometimes take the claim seriously once they are sitting in a courthouse conference room with a mediator. For plaintiffs, accepting a certain payment today can be more valuable than a judgment that may require separate collection efforts.

Mediation is built into the Colorado small claims process — knowing what to expect and walking in with a settlement target puts you in control of the outcome. The Colorado small claims filing guide includes a mediation preparation worksheet to help you set your numbers before you walk in.

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