Mediation

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Mediation is the preferred form of resolving disputes in family & divorce matters, small business conflicts and contract disputes.

Mediation gives participants control over the outcome.  A very high percentage of parties who mediate with Colorado Mediators & Arbitrators come to voluntary agreement. 

Mediation falls under the category of ADR, an acronym for Alternative Dispute Resolution.  ADR encompasses both mediation and arbitration.  The public tends to use the terms "Mediation" and "Arbitration" interchangeably due to lack of familiarity with this profession.    To clarify, mediation is a formal negotiation of the disputed matters and does not have a guaranteed conclusion.  Arbitration is a private, confidential hearing in which the parties to dispute hire a private judge to hear the testimony and evidence presented by the parties.  The Arbitrator renders a binding decision called an award.  The award can be enforced by the court that holds jurisdiction.

The main advantage of mediation is that it allows for maximum control of the outcome, guarantees confidentiality of private matters, protects the reputations of those involved in business, commercial and domestic disputes. That can make all the difference in and moving on with your life.  

COMA offers a third option of Med-Arbitration.

  File for Mediation
  File to convert Mediation to Med-Arbitration
  Mediation Fee Agreement
  Mediation Rules of Procedure
  Med-Arbitration Rules of Procedure


Med-Arbitration:  Colorado Mediators & Arbitrators offers Med-Arbitration, which can be jointly selected initially or jointly converted after mediation has been filed and responded to.  Med-Arbitration combines the self-determination of mediation with the finality of arbitration.  Med-Arbitration is often attractive in real estate disputes, earnest money disputes, and other situations where mediation is a preliminary requirement to filing with a court.  Mediation participants often want to be finished.  A Med-Arbitration decision eliminates the delay, expense, and additional steps required to file with the court.

Mediation means different things to different people.  Colorado Mediators & Arbitrators uses both joint and individual mediation sessions.  Joint sessions are often the most efficient use of time and money; however, there are also times when a private session is desirable or necessary in situations where a restraining order is in place, or where there is threat of bodily or psychological harm.

Mediation is confidential.  In an atmosphere of safety, many options for settlement can be explored.  Because mediators cannot be subpoenaed to give testimony in court about the negotiations, there is an atmosphere of freedom throughout the process.

Our mediators see their role as an advocate for fairness and fair process.  When a family of five is restructuring, the mediator has five people’s needs and interests to consider throughout the negotiations.   

Approximately 95% of our clients attend without attorneys and are extremely satisfied with the resulting agreements.  Clients are free to bring an attorney to mediation or consult with a lawyer between sessions.  A Legal Review Provision is included in all of our Memorandums of Understanding / MOU's, unless the parties explicitly request the provision be eliminated.

Mediation can be voluntary or court-ordered.  When there are unresolved issues prior to the final hearing, Colorado courts will routinely order mediation, even when parties have attorney representation. Any mediated agreement, however, is voluntarily entered into.  The mediator does not have authority to impose a decision in the matter.


Divorce Mediation:  Participants who mediate their divorce are more likely to be satisfied with the process and the results than couples who go through an adversarial divorce.  More information on divorce mediation at JudyLarkins.com

  • Mediation takes less time:  couples are usually able to get their decree of dissolution of marriage after the 91 day mandatory waiting time in Colorado.  In a contested litigated divorce in the Denver courts, it is not unusual for a divorce proceeding to take 18 months to 2 years.
  • Mediation costs less money: Colorado Mediators & Arbitrator's clients spend an average of $800 – 1,000 in our mediation process.  It is not unusual to spend tens of thousands in attorney and legal fees during a typical litigation.
  • Mediation resolves conflicts and preserves relationships: Mediation participants retain control in a mediated resolution process.  Issues that have been exacerbated by lack of communication are often addressed and resolved.  In a litigated case, attorneys often advocate aggressively for their clients.  Lawyers are skilled in adversarial methods, and may use adversarial measures that parties have intended; resulting in further damage to the relationship in terms of respect and communication.
  • Mediation reduces future conflict:  Parties are less likely to go back to court later to fight about a court order that has resulted from a mediated agreement.

 

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