## Facts

- A dissolution decree awarded the mother sole custody of two minor children and granted the father parenting-time rights.
- The father later moved to modify parenting time and to appoint a guardian ad litem; the mother moved to modify child support.
- The district court entered orders directing the parties to obtain mediation to resolve parenting-time disputes and later directed that all issues be mediated.
- The mother moved to reconsider, submitting an affidavit alleging physical and emotional abuse during the marriage, including that the father had been convicted of assault and domestic violence.
- The mother stated she was unwilling to mediate because she feared being in the same room with the father and asserted mediation would expose her to further emotional abuse.
- The district court denied reconsideration and left the mediation orders in place.
- The mother sought extraordinary relief in an original proceeding, asserting the district court exceeded its authority by compelling mediation despite the statutory limitation for abuse claims.

## Issues

1. Whether a district court may order mediation when a party claims physical or psychological abuse by the other party and states an unwillingness to participate in mediation under § 13-22-311(1).
2. Whether the abuse claim was procedurally insufficient or untimely when raised after entry of the initial mediation order but before mediation occurred.

## Decision

- The Colorado Supreme Court made the rule to show cause absolute.
- The Court held the district court lacked authority to compel mediation once the mother claimed abuse and stated she was unwilling to mediate.
- The Court rejected arguments that the abuse claim was untimely or subject to an extra-statutory deadline.
- The Court directed the district court to vacate its orders requiring mediation.

## Legal Principles

- Under § 13-22-311(1), when a party claims to have been the victim of physical or psychological abuse by another party and states an unwillingness to enter mediation, the court shall not refer the case to mediation.
- The statute’s “shall not” language removes trial-court discretion once the statutory conditions (abuse claim + unwillingness) are met.
- The statute imposes no express time limit for raising the abuse claim; courts may not add procedural deadlines not found in the statute.
- Extraordinary relief is available to prevent compelled mediation entered in excess of statutory authority when the resulting harm is not adequately remediable by appeal.

## Conclusion

The court held that Colorado’s mediation statute categorically bars court-ordered mediation in domestic-relations disputes when a party claims physical or psychological abuse and states an unwillingness to mediate, requiring vacatur of mediation orders entered contrary to that limitation.


Pearson v. Dist. Ct., 924 P.2d 512 (Colo. 1996)