Unlike un-facilitated settlement negotiations, mediation has a structure, timetable and formalized dynamics. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation often commences with a joint session of all parties. The mediator may then address each party individually. Because settlement communications are confidential under Colorado law, mediation allows the parties to speak freely and offer settlement proposals without prejudicing the parties’ right to pursue a different recourse in a court of law.
Mediation is an alternative to litigation, and often involves significant cost savings. If the parties resort to mediation early in the dispute process, the parties may be able to avoid many of the emotional and financial costs involved with proceeding through the legal process. Even if the parties are in the midst of litigation, mediation is often a less-costly alternative to conclusion of the litigation process and has the benefit of allowing the parties to find their own resolution rather than requiring them to rely on a third-party decision maker.
Among many other matters, mediation may be particularly helpful with small business disputes. Small businesses are often required to hire legal counsel to appear in court and the resulting cost of the litigation may exceed the entire value of the business dispute. A resolution through mediation is not only financially sound but may also promote future business interactions between the parties.
Mediation is a great alternative to litigation in family law matters. As opposed to a courtroom, mediation offers a more relaxed environment wherein a couple or caregivers may talk freely to each other, if appropriate, or directly to the mediator to attempt to resolve disputes. Parties state their position in a conference setting opposed to presenting evidence from a witness stand. Divorces are often very costly, and mediation may help parties preserve marital assets by negotiated resolutions that are far less expensive than litigation. And mediation may be better for children. Mediation aids parents in reaching agreements over child-related matters, allowing the parents to feel better about decisions and often shortening the time period in which the dispute remains outstanding. Mediation assists to parties to know and understand marital assets and debts, and to appropriately allocate those among parties. Mediation is also a useful tool to help resolve parenting or financial disputes that arise subsequent to divorce.
In addition to dispute resolution, mediation may function as a means of dispute prevention. Mediation may be used to facilitate contract negotiation, formalize business formations and resolve parenting matters before disputes arise.
At Rocklin Law and Mediation, we have extensive legal experience and mediation training and are able to facilitate dispute resolution in a wide-array of legal areas. While we cannot offer legal advice to either party during the mediation process, we are able to provide a basic framework of the law and explain legal principles. An understanding of those principles often assists parties in reaching negotiated resolutions. When appropriate, we are also able to draft settlement agreements.
Among other potential areas, we offer mediation with respect to the following areas:
Commercial and business-related matters:
- Small-business disputes
- Contracts
- Landlord-tenant
- Homeowners’ associations
- Builders
- Contractors
- Realtors
- Real property
- Mechanics’ liens
- Personal Injury
- Premarital agreements
- Separation
- Contested and uncontested divorces
- Maintenance
- Parenting plans
- Custody
- Child support
- Buy-sell agreements
- Wrongful termination
- Discrimination
- Harassment
- Grievances