Colorado Divorce Mediation is Private
	Summary. Divorce mediation is a private and confidential process. A mediator cannot be required to disclose information to any court, except under limited circumstances. In contrast, divorce files are generally public information.

Colorado Divorce Mediation is a Private and Confidential Process.
Divorce mediation is a private and confidential process. Under Colorado CRS 13-22-307 a Mediator cannot be compelled to testify or otherwise provide information to a court. Subject to certain exceptions as noted below, whatever information is obtained by a mediator remains confidential.

This confidentiality requirement leads to more open and honest discussions because there should not be any fear that either party can later be confronted with his or her disclosures. Therefore it is more likely that the parties can use an informed decision-making process to reach a mediated agreement.

Limits on Confidentiality.
Under CRS 13-22-307, a mediator can be required to disclose information if:

• one of the parties reveals the intent to commit bodily harm, commit a felony, or threaten the safety of a child under the age of 18;
• it is necessary & relevant to an action alleging that the mediator has committed willful & wanton conduct;
• the mediation information is required to be made public by another statute (rare, other than the required financial disclosures); or
• all parties agree in writing that the information may be disclosed.
  

Court Proceedings are Not Private and Confidential.
Usually divorce court proceedings and the divorce court files are public information. In other words, the usual win-lose process in court litigation is public information. Others, including family members, can review the files. In contrast, as noted above, mediation is a private and confidential process.