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CMS GUIDELINES

We have instituted and/or expounded upon the following guidelines. Please consider them a continuing work in progress as we endeavor to establish and maintain the high standards towards which CMS continues to aspire.  

PLEASE REVIEW THESE GUIDELINES IN DETAIL BEFORE SIGNING UP TO MEDIATE FOR CAMP:

1. Mediators who have not mediated at least 6 cases for CMS as a solo or lead mediator prior to April 1, 2007 need to obtain approval from the director before they can: a) solo mediate in Small Claims Court; b) solo mediate in County Court; and c) serve as lead mediators.   Mediators who have mediated at least 6 cases for CMS prior to April 1, 2007 are approved to solo mediate in both courts and also to serve as lead mediators. 

2. To be approved to solo mediate for CMS in Small Claims Court, mediators must generally co-mediate CMS cases with an approved lead mediator at least 6 times. This requirement may vary – up or down - based upon the mediator’s legal knowledge and experience and prior mediation training and experience. 

3. To be approved to solo mediate for CMS in County Court, a mediator must generally satisfy the following requirements:

a)  Be authorized to solo mediate for CMS in Small Claims Court; and

b)  Solo mediate 3 Small Claims cases for CMS; and

c)  Co-mediate at least 2 County Court cases for CMS with an approved lead mediator.  This last requirement can be met when completing the initial 6 co-mediations required for approval to solo mediate in Small Claims Court.

These requirements may vary – up or down – based upon the mediator’s legal knowledge and experience and prior mediation training and experience.

4. Before they will be approved to do solo mediations for CMS in either Small Claims or County Court, non-attorney mediators who have not conducted at least 6 mediations for CMS prior to April 1, 2007 will also need to attend the following:

a)  One of CMS’s programs on legal terms and processes; and

b)  One of the Small Claims Clinics offered by the Denver Bar Association for pro se litigants at 1515 Cleveland, 4th floor, on the 3rd Tuesday of every month (see schedule attached to CMS materials as letter G); and

c)  One of the Collections Clinics offered by the DBA for pro se litigants at the same place on the 3rd Thursday of every month (see schedule attached to CMS materials as letter G);

and

d)  Before they can do solo mediations in County Court, one of the CMS programs on mediating FED (eviction) cases and mediating with attorneys. 
One or more of these requirements may be waived in particular cases if the mediator shows that he or she has comparable training, education or experience.  

5. To be approved to serve as a lead mediator for CMS, mediators who have not mediated 6 or more cases for CMS prior to April 1, 2007 must:

a) Have co-mediated at least 6 cases and solo mediated at least 3 cases and

b) Be authorized to do solo mediations for CMS in Small Claims and County Court cases.

6. To sign up to mediate for CMS, mediators need to go to the CMS calendar, which is on the CBA website.  Detailed instructions on how to sign up on the web calendar are provided in the CMS materials.   Please be sure to mark your own calendars and show up when you are scheduled to do so.   If there is any chance you may not make it on a day that you are signed up to mediate, please call the other mediator at the number listed on the calendar, AND let us know by e-mail, at least 24 hours in advance.   We have a number of people waiting to take your place.

7. There are 3 lines to sign up on the calendar for any given day.  ONLY ONE PERSON SHOULD SIGN UP ON EACH LINE, as provided below.   The following procedures govern and supersede any conflicting information on the web site.

a) The first line on the calendar is for approved solo and lead mediators.  If an approved solo mediator signs up on the first line, he or she should state on that line that he is solo, and type in “full” or “unavailable” on the second line.

b) The second line is for new mediators and other mediators who need to co-mediate with a lead mediator.  Mediators needing a co-mediator may sign up on the second line if the line has not been marked full, unavailable or reserved, and no one else has signed up in that spot.  They should state that they need a lead mediator.

If a lead mediator is not already signed up on the first line, we will endeavor to get an authorized lead mediator to sign up on that date.  We ask that new mediators check the calendar before showing up to see if there is a lead mediator listed. IF NO LEAD MEDIATOR IS LISTED ON THE FIRST LINE, PLEASE DO NOT SHOW UP ON THAT DATE.

c) If no lead mediator has signed up with a mediator listed on the second line by the day prior to the day in question, approved solo mediators may contact the mediator listed on the second line to see if a lead mediator has agreed to be present.  If not, the approved solo mediator may sign up on the first line for that day, noting that they are solo, and the new mediator will need to re-schedule for another day.

d) Mediators who sign up on the first two lines should plan on showing up before 8:30 a.m. on Mondays and Wednesdays (and Tuesdays and Thursdays when DU Law School is not in session), and before 9:00 a.m. on Fridays. 

e) The third line is for approved solo mediators who wish to mediate cases on the 1:30 p.m. dockets Monday through Thursday.   Mediators who sign up on the third line should show up by 1:15 p.m.   There is no availability to sign up for the afternoon docket on Fridays.  There also is no availability for new mediators on the afternoon dockets.

f) All mediators should have at least two hours available before they agree to mediate a particular case.
 

8. To give everyone a chance to mediate, we ask that new and solo mediators sign up 

a) only two times in any given month,  

b) no more than once in any given week, and 

c) no more than once with the same lead mediator in that month, and no more than twice with the same lead mediator.  

If you are new to CMS and it turns out later that you were not able to get a lead mediator on one of the dates you signed up, or, that you were able to get a lead mediator but you did not get a case on the day you showed up, you can – after the fact - add your name again to the calendar if there is room.   If you were not able to get a lead mediator or a case two times in a row, let us know and we will see what else we can do to help.

9. All mediators new to CMS, including experienced mediators, will be required to mediate at least once with the director.    

10. Once you feel you are ready to do solo mediations in Small Claims Court, solo mediations in County Court, or to serve as a lead mediator, please let the director know, and provide the director with details concerning the requirements you have met and why you believe you are ready to do so.  The director will consider every situation thoroughly and individually and help you along.

Please do not hesitate to contact the CMS co-chairs, director, interns and lead mediators with any questions, comments and suggestions.  We appreciate your cooperation in working with us to maintain the integrity of the CMS program, and to help make it one of the best mediation programs around.

September 21, 2009