Mediation

Mediation is a form of Alternative Dispute Resolution (ADR), which means the parties in a dispute attempt to settle their differences without using the courts, even if there is already an action filed with the court system.

ADR provisions are found in many, if not most contracts these days, especially those originating from a bigger-sized company using a lawyer to draft the agreement. ADR generally also includes arbitration, both binding and non-binding. Binding arbitration allows for the “winner” to take the decision and apply it to their formal court case, including getting a judgment against the other party.

Mediation is similar to non-binding arbitration in that the focus is on attempting to resolve the conflict between the parties without the threat of a binding decision. Mediation is often less expensive than arbitration due to its informality.  Unfortunately, sometimes parties in a dispute use ADR in an insincere manner to exploit their opposition when they deem them to be in an inferior financial position regarding their ability to protect themselves via litigation. This notion should always be contemplated while negotiating and prior to executing an agreement. But if you are already faced with an ADR scenario, mediation can be an effective way to settle a dispute.

Call us today at (720) 214-1861 to see if our Mediation services are a good fit for your dispute resolution needs.