Arbitration / Mediation
When you take a case to court, the state judicial branch resolves your dispute. Each side presents its case, and the judge or jury decides the outcome. When you take a case to arbitration, a private judge resolves your dispute. This private judge is paid for by the parties. Each side presents its case, and the private judge, also known as the arbiter, decides the outcome.
- Arbitration takes place in private. The record can remain private, rather than being part of the public record of a court case.
- Arbitration takes places faster. It will not be continued because the courthouse became too busy that day. It will not fail to be resolved because the parties could not reach an agreement in mediation.
- Arbitration takes place in a location and time that best suits the parties. You are not limited to courthouse hours.
Arbitration is appropriate for many types of cases:
- Real Estate disputes
- Family Law matters
- Employment Law claims
- Probate matters
- Contract disputes of all kinds, including construction matters
Mediation permits people to make their own agreements about their disputes. In mediation at Toussaint & Coaty, P.C., it is possible to work out solutions to disputed matters without going to court.
Like arbitration and litigation, mediation involves a third person who is neutral. A mediator is not like an arbiter or a judge, whose job it is to tell the parties what to do. In contrast, the mediator does not dictate the solution to the parties. The mediator assists the parties in creating their own solutions, individually tailored to themselves, their family or their business, and their interests and concerns.
In most Family Law cases, the judge will order the parties to mediate. Some think of this as a “hoop” to jump through, in order to get their day in court. Actually, it is an opportunity to develop settlements to divide property and debt, and to craft a Parenting Plan that will work for your family. People who have been firm in certain positions, convinced that the solution is either the “A” solution desired by Wife, or the “B” solution desired by Husband, are surprised to find that there is a whole alphabet of possible solutions. The mediator opens up the dialog, models and teaches communications methods that promote problem solving, brainstorms, and uses court-approved forms and legal skills to assist the parties in presenting their divorce agreements to the court in order to obtain their decree or other desired orders.
Mediation is valuable for the following reasons:
- Mediation is a far less expensive process than litigation. Parties who are willing to work together on solutions can resolve their disputes for a fraction of the cost of taking a case to court.
- Mediation preserves relationships, by promoting understanding. This is especially important when your dispute is with a member of your family, or a neighbor, or a business associate, with whom you will remain in contact for years.
- A mediated solution is not a solution unless it is approved by you. Mediation is not a “roll of the dice,” it is a process that you control.
Mediation can be used for:
- Family Law cases, including divorce and modifications
- Real Estate cases
- Probate cases
- Any case that is headed toward Litigation.
For additional information, contact us at Toussaint & Coaty, P.C. in Evergreen, Colorado or call us at (303) 674-0800
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- Arbitration / Mediation
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- Family Law
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