Mediation and Dispute Resolution
What is mediation?
Mediation is the process by which
a trained, neutral, 3rd party assists individuals or companies involved
in a conflict to try and help them communicate with each other and reach
a resolution or solution.
What is the role of the mediator?
The mediator does not make decisions
for the parties. They do not tell the parties what to do or agree
to do. They will facilitate communication and help the parties
focus on relevant issues to try to reach a solution.
How does mediation work?
Once all parties agree to participate
in mediation, the mediator will talk with both sides individually, or
meet together as a group. Usually 1-2 hours is scheduled for the
first session. At the end of that period of time, the parties
agree to future sessions or to stop.
Why choose to mediate?
Often mediation is required by
the court system in an effort to resolve issues before they end up in
court, resulting in saving time and money for all parties involved.
Some legal documents you may sign such as a real estate contract may
require mediation before you can sue. Others choose mediation as a lower
cost alternative to law suites or court and a way to avoid paying for
costly legal representation.
Mediation can also offer solutions
that the court may not allow or consider. For example, in court
you will usually have a winner and a loser. In mediation, often
the solution reached will be a compromise on both sides and is
considered to be "win-win" for all parties.
How much does mediation cost?
Mediation prices vary according
to the situation. Sometimes a flat rate is assessed, but usually
prices are by the hour. Hourly rates start at $40 per hour.
Please contact Ginger for rates for your specific situation.
How is mediation different
from arbitration or court?
Arbitration is the referral of
a dispute to one or more neutral 3rd parties for a decision based on
evidence and testimony provided by the disputants. It can be binding
by law or non-binding. A decision made by a court is final.
In mediation, the parties are in control of the outcome, it is not decided
for them.
What if I don't like the outcome?
Mediation is voluntary and results
are not guaranteed. Paying for and participating in mediation
does not guarantee the parties will reach a solution. You can always
choose to pursue your conflict in court or through other methods.
However, making a good faith attempt to resolve your conflict may result
in a more productive process.
What education is required
for a mediator?
All mediators are not created
equally! Colorado Law does not require specific education requirements.
The Colorado Council of Mediators and Mediation Organizations (CCMO)
have created a guideline of recommended education for those wishing
to pursue the field of mediation.
Why choose Ginger?
Ginger has accomplished all recommended
education by CCMO and continue to attend education courses and seminars.
She has extensive experience in mediating small claims court cases as
well as other volunteer cases for Jefferson County Mediation Services.
She brings to the table my experience as a Realtor and landlord that
often helps speed up the process and reach "win-win" solutions.
Ginger specializes in all real
estate related conflict including the following:
- tenant-landlord disputes
- buy/sell agreements
- conflicts between real estate agents
- contractor disagreements
- HOA conflict
- other housing related issues
Other areas Ginger can also mediate
include: custody, divorce, neighbors, noise, pet behavior, gangs,
roommates, business/consumer, small claims, civil cases, family business,
debt collection, labor grievances, contracts, housing developments,
condominiums, real estate, medical staff, doctor-patient relations,
provider-insurer, elderly, nursing homes, benefits, public policy, environmental,
negotiated investment strategies, & water use.
Call today for a free consultation
to see if your situation is right for mediation! 303-881-9127
Payment for and participation
in mediation does not guarantee results and is not binding by law. The
process is voluntary. Ginger Matney is not a licensed attorney
and does not give legal advice. This is an advertisement for mediation
services and all information is subject to change with out notice and
should be verified by an independent party.