An Overview of Our Services

Alternative Dispute Resolution (ADR) includes a broad array of problem-solving methods that avoid the expense, delay and uncertainty of litigation while still affording the opportunity for individual legal representation, when and as desired. Aspen Dispute Resolution utilizes professional neutrals who employ one or more of the dispute resolution processes described below to achieve binding and enforceable settlements of all types of disputes. Scroll down to read about:

Then, read about Our People, Our Philosophy, and how to Schedule a Mediation or other service best-tailored to resolve your conflict.

Unlike litigation in which the parties have minimal control over the process, the schedule, or the outcome, the parties electing Alternative Dispute Resolution pick the most appropriate process, select a suitable and experienced neutral, establish the schedule, and retain ultimate or at least significant control over the outcome.

Mediation
The Parties Design a Workable Resolution

In mediation, an impartial third-party neutral assists the parties, both separately in caucus and jointly in facilitated discussions, to negotiate a resolution that settles the dispute. The mediator is not constrained by formal rules, operates in an informal setting, and insures both civility and absolute confidentiality. The mediator does not decide the outcome -- instead, the disputing parties decide the outcome, once each more fully understands the other's position, appreciates common interests and objectives, and considers the risks and costs of litigation.

A mediator is a skilled neutral who assists the disputing parties in communicating, in clarifying issues and understanding interests, and in creating options and outcomes often unavailable through litigation. Such carefully tailored and confidential outcomes are especially valuable in situations where a continuing relationship is either unavoidable or desirable, such as disputes dividing families or within workforces, among government agencies or between commercial enterprises or interests, e.g., owner/builder/architect, neighboring landowners, homeowner associations, etc.

Arbitration
An Arbitrator Decides the Outcome

Arbitration is more formal than mediation, but much less formal than a court hearing. Unlike mediation, however, the parties in an arbitration agree to let an impartial neutral arbitrator, or panel of arbitrators, hear evidence and argument and decide the outcome of their dispute. There is only a limited right to court review from an arbitrator's decision.

Arbitration has long been used as an alternative to litigation in labor and commercial disputes and is rapidly expanding as an attractive alternative to litigation because of many advantages, including the following:

Bracketed Arbitration ("high-low") occurs when the parties structure an agreement to "bracket" or limit the possible outcomes. Final Offer Arbitration ("baseball") occurs when the parties each separately submit a "final offer" to the arbitrator who then chooses an appropriate settlement within this range, based upon the evidence and the arguments presented.

Med-Arb
Combining Mediation and Arbitration

Med-Arb is an extremely effective combination of mediation and arbitration and is especially useful when a negotiated but quick settlement is needed. The impartial third-party selected by the parties meets separately and in joint session to facilitate communication, clarify issues, identify interests, and create options leading to an agreeable resolution. If this fails, however, then testimony, other evidence, and argument are presented by the parties, and the neutral issues a binding decision.

In situations where the parties have an ongoing relationship, such as family, workplace and commercial disputes, Med-Arb can help the parties preserve their relationship by promoting voluntary communication and confidential settlement, with arbitration only being used to decide those issues upon which the parties cannot agree.

Early Neutral Evaluation
Evaluating the Merits of Your Case

Neutral evaluation is confidential, non-binding, and very useful in the early stages of a dispute. It is most frequently used in large, complex cases. The parties retain a neutral to review their factual and legal positions and to provide an evaluation of the merits of the case. The evaluator usually has substantial experience in similar cases, will meet with the parties and their counsel to help simplify the case, will evaluate its merits, and will help the parties reach settlement if desired.

Settlement Conferences
Assessing Various Settlement Scenarios

Settlement conferences can be conducted in simple or complex cases either by a judge (who would then not preside at any later hearing or trial) or outside the court system utilizing a neutral third-party trained in the law and experienced in similar cases. The neutral helps the disputants analyze the issues, evaluate their positions, and balance the costs and benefits of various settlement scenarios against likely outcomes of a formal court or jury trial. Settlement conferences can often be combined effectively with mediation.

Facilitation
For a More Effective Board Meeting or Retreat

The use of a skilled facilitator, one who is impartial toward the issues being discussed, brings procedural assistance to groups of participants. Our experienced facilitators enhance information exchange that promotes and leads to effective decision-making. We can arrange suitable venues in the Aspen area that are conducive to working collectively, in large or small groups, towards solutions. A pre-meeting conference to determine your needs, either in person in Aspen or by phone, can be arranged at no charge.

 


Aspen Dispute Resolution, LLC
1280 Ute Avenue, Suite 10
Aspen, CO 81611

t: 970-925-2445
e: mcflynn@aspendisputeresolution.com