Personal Injury Mediation in Colorado
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Colorado, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$15,000 – $65,000
Avg Settlement
How Mediation Works in Colorado
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Colorado. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Colorado Injury Law Overview
Colorado uses modified comparative fault with a 51% bar, so an injured party who bears majority fault cannot recover. The state mandates PIP coverage in auto policies, providing some no-fault medical benefits even in a primarily tort-based system. The statute of limitations is 2 years for personal injury. Colorado courts see significant litigation from skiing and outdoor recreation accidents under the Colorado Ski Safety Act, which limits ski resort liability in some circumstances. Premises liability claims against landowners are governed by C.R.S. § 13-21-115, which distinguishes between trespasser, licensee, and invitee standards. Colorado caps noneconomic damages in personal injury cases at $250,000 (adjustable for inflation), with a higher cap of $500,000 available upon clear and convincing evidence of extraordinary circumstances. Sovereign immunity protections apply to government entity claims, requiring strict compliance with the Colorado Governmental Immunity Act.