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Home Administration Court Services Office of Dispute Resolution Eviction Mediation (New Legislation 6/7/23)
Home Administration Court Services Office of Dispute Resolution Eviction Mediation (New Legislation 6/7/23)
Eviction Mediation (New Legislation 6/7/23)

Mandatory Mediation Before Filing for Eviction
HB 23-1120
The bill requires a landlord and residential tenant to participate in mandatory mediation prior to commencing an eviction action in Court, if the residential tenant receives supplemental security income, federal social security disability insurance, or cash assistance through the Colorado works program (collectively, "cash assistance").

Exceptions to mandatory mediation: 
The landlord and residential tenant do not have to participate in mediation if:

  • the residential tenant did not disclose or declined to disclose in writing to the landlord that the residential tenant receives cash assistance,
  • the landlord is a 501 (c) (3) nonprofit organization that offers their tenants opportunities for mediation

or the landlord has 5 or fewer single-family rental homes and no more than 5 total rental units. 


The role of the Office of Dispute Resolution:
Required mediations will be compensated and scheduled through the Office of Dispute Resolution.

  • Schedule mediation session within 14 days after Landlord's request.
  • Connect parties to mediation services provided by independent neutral contract mediators, who are trained and screened to handle these cases professionally. 
  • Support language access and ADA-accommodations.
  • Pay the mediators for tenant's portion of the mediation fees through funding by the State of Colorado.
  • Answer general questions about this mandatory mediations process. 
     

Scheduling Process |

  • The Landlord needs to contact the Office of Dispute Resolution to schedule a date for a mediation session within 14 days after the Landlord requests the mediation, via the scheduling link on this page.
  • We recommend that the landlord coordinates the date of mediation with the tenant, before scheduling via the ODR website. 
  • It is the landlord's responsibility to provide ODR with the correct email and phone number for the tenant. 
  • Landlord, please inform the tenant immediately of a scheduled mediation date.
  • Both parties will receive a confirmation via email from ODR. 
  • The mediator will send payment instructions to the landlord, and will send zoom/video meeting links to both parties via email.
     

Costs

The mediation will be provided by trained ODR Contract mediators. The Landlord will need to pay $50 per hour to the mediator, with a non-refundable advance deposit of 2 hours minimum (=$100). There will be no costs for the Tenant. The State of Colorado will pay the mediator via ODR's Indigent Mediation Fund.
 

Can parties use a private mediator, outside of ODR? 

  • Cases are being scheduled through ODR with ODR contract mediators to ensure mediation is provided to tenants at no cost, to collect required reporting data, and to ensure mediators are trained and neutral.
  • If a landlord decides to use a private mediator, the court must determine whether the landlord has complied with the requirements of C.R.S. § 13-40-110.
     

Get assistance if you can't find an open slot within 14 days?

Please call ODR at 720-625-5940 or email odrmediations@judicial.state.co.us with subject line: " Assistance needed with scheduling HB 23-1120 mediation".  One of our staff members will work with you to get the session scheduled with a qualified ODR-mediator. 
 

Language and Disability Accommodations

If the tenant needs an interpreter or disability accommodations, please indicate this on the scheduling form. 

 

Questions?

Contact ODR via email at odrmediations@judicial.state.co.us or via phone at 720-625-5940. 



Back to Office of Dispute Resolution
Documents

Self-help instructions
How-to Guide
Court Forms

Mediation Certificate 

Informacion en Espanol

Outside Links

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