Alternate Forms Of Dispute Resolution
There are many ways to settle disputes, some more common than others. Every case is different and some may seek an alternate form for a variety of reasons. Lawyers may make suggestions based on their experience and it’s important to take that into consideration.
The most common forms for dispute resolution are mediation and arbitration.
Mediation is an alternative form of resolving disputes between two or more parties. The mediator’s role is to help the parties reach an agreement, but does not have the authority to compel participation in the process, and does not make a final decision in their case. Rather, the mediator helps the parties to understand the other parties point of view, reveal the “real” issue, and help the parties to find some common ground, even if the parties are not ready to fully resolve their dispute. Mediation is required in most family law cases in Colorado, prior to going to a full evidentiary hearing. Learn more about how mediation works.
Arbitration involves the help of a neutral third party. An “arbitrator” will listen to the parties’ grievances and pronounce a decision. Unlike a mediator, an arbitrator is not a passive go-between facilitator. Arbitration is considered less formal than a trial because many rules of evidence don’t apply to arbitration. However, they will make a final decision, out of court. But that decision will be binding and resolve your case.