An Arbitrator is an industry or subject matter expert who is hired to judge between parties in dispute. Parties may present their case pro se (representing themselves) if they choose. 

Arbitration resolves disputes quickly and confidentially: Colorado Mediators & Arbitrators does not publish Arbitration Awards to ensure confidentality. COMA appoints a single Arbitrator to hear the testimony and evidence presented by the parties, consider the matter, and issue a simple unreasoned Arbitration Award. 

Colorado Mediators & Arbitrators™ | COMA provides timely dispute resolution that is affordable, embracing and promoting the traditional values of Arbitration: Affordability, Expediency, and Equity or Fairness.  

Arbitration is different than the court system.  It is not a judicial process, even though there is sometimes pressure to treat it as such.  

Arbitration promotes the use of industry experts and seasoned business professionals, rather than a criminal court system, to resolve common types of disputes that hit closest to home: divorce & family, small business, real estate & earnest money disputes. Using the court system to solve these problems is often overkill: 

• Length of time necessary to get a court date and final determination is often prohibitive, sometimes years
• Formality of litigation and the court system is confusing to non-attorneys, which leads to the need to hire an attorney
• Cost of Litigation = unlimited legal fees for an uncertain outcome. 

Colorado Mediators & Arbitrators offers an accessible program to resolve disputes quickly, less formally, and with less cost.  

By Contractual Agreement: 

People arbitrate because a contract requires it. Parties may not know that arbitration is required until a problem arises and they file suit in a court of law. If you sign a contract with an arbitration provision, the judge will reject hearing the case and refer it back to arbitration. With agreement, Parties may also voluntarily submit a matter to arbitration even if the contract does not require it. 

Private, Confidential:

Arbitration is a private process that results in a binding decision. Arbitration offers a confidential hearing before a neutral decision-maker, often an industry or business expert. During the hearing, each Party has an opportunity to present and examine witnesses (testimony by subpoena or waiver, in person or by affidavit) and exhibits to demonstrate their case. After providing the parties with a full and fair hearing, the Arbitrator delivers a binding award that can be submitted to the proper court for enforcement.  The confidentiality and privacy observed throughout arbitration and after (non-published awards) protects the personal and professional reputations of those involved in dispute.  This is in stark contrast to courts of law, where decisions are published and sometimes referred to for years to come (think courts of appeal and case law.)  

Binding:

The Federal District Court has jurisdiction to confirm, correct, or vacate (set aside) arbitration awards conducted under the Federal Arbitration Act.
Colorado District Courts have jurisdiction to confirm, correct, or vacate arbitration awards conducted under state laws such as the  Colorado Uniform Arbitration Act (CUAA) and Colorado Revised Uniform Arbitration Act (CRUAA). Colorado adopted the CRUAA in 2004 to supplement the Colorado Uniform Arbitration Act (CUAA). The CRUAA applies to Colorado Arbitration Agreements dated on or after August 4, 2004. 

Arbitrator Neutrality | No Private Communication:

Arbitrators are required to disclose any known conflict of interest. Upon accepting appointment to a case, the Arbitrator prepares an Oath & Disclosure which identifies any known bias that might prejudice the Arbitrator in the matter.  The Arbitrator must ensure fair dealing with the parties, and so cannot have a private relationship or dialogue with one party outside the presence of all parties to the dispute. Private communications between a Party and Arbitrator influences the arbitration award unfairly, so private communications are barred as ‘ex parte’ (outside the presence of all parties to the dispute.) 
Parties may not contact the Arbitrator or communicate ex parte.

Procedural Rules:

The arbitration process is governed by Rules.  These rules are sometimes specified in the arbitration provision of a signed contract, e.g. COMA’s Arbitration Procedural Rules, for example. Often the arbitration provisions is vague, with the only requirement being arbitration.  Other times the provision can be quite specific.  By joint agreement, arbitration may be conducted utilizing the rules specified in the contract or Colorado Mediators & Arbitrators Rules of Procedure.

Arbitration is Not Mediation

Mediation also falls under the category of Alternative Dispute Resolution, acronym ADR, and often these terms are incorrectly interchanged due to confusion.  To clarify, Mediation is a formal negotiation of the matter and does not have a guaranteed conclusion (example: buyer & seller negotiate the terms of a car purchase, and either party can walk away if they don’t like the deal.)   In contrast, Arbitration results in a binding decision that is enforceable through the court.