Category: Colorado

Mediation News in Colorado

When Mediation Fails: Encana, Thompson

Differences: Encana - Thompson Post-Mediation

Author: Stephen Alexander – A drilling company, Encana Oil and Gas, and Colorado landowner, Thomas Thompson, failed to resolve their dispute in mediation. The case is headed to trial.

Mr Thompson owns forty acres of land along Porcupine Creek. A flood in 2011 allegedly caused damage amounting to nearly three quarters of a million in dollars. Mr Thompson alleges that Encana poorly installed a bridge-culvert over a creek.

The construction was needed for an access road to its drilling sites. Encana denies liability and asserts that damages are less than one-hundred thousand in dollars.

The judge in the civil trial suggested mediation. The meeting between both sides was held, but the effort was unsuccessful.

Mr Thompson says that his side was “ready to compromise.” In addition, he says that Encana’s position was that “their culvert had nothing to do with the flood.”

After mediation failed, Mr. Thompson said, “I think we’re going to have to go to court.”