Mediation

The Process:

                                   Negotiation

                                         Mediation

                                               Arbitration

                                                     Litigation

 

                                               The Power of Mediation is in the Process

Alternative Dispute Resolution:   A Colorado legislative declaration encourages common interest communities to adopt protocols that make the use of mediation or arbitration as alternatives to, or preconditions upon, the filing of a complaint between a unit owner and the association in situations that do not involve an imminent threat to the peace, health, or safety of the communnity (CRS §38-33.3-124).      The intent behind this law is to reduce the cost, complexity, inefficiency, and delays inherent in court proceedings.

The law continues requiring each association to adopt a written policy setting forth its procedure for addressing disputes arising between the association and unit owners. A copy of this policy must be made available to all unit owners upon request.

Mediation:    Trained in the Collaborative, Facilitative, Interest-Based Model™ of alternative dispute resolution, our services stress the significance of relationships through appreciation, accountability, and trust building. The needs and interests of each party are identified, the underlying issues laid bare, rights and entitlements identified, potential resolutions explored, and consensus is reached through mutual interaction and cooperation. As a trained mediator, our task is to facilitate and guide the process to reach the most optimal agreement that both parties can live by.

According to Rutgers University, about 70 percent of mediation interventions are successful. Linda Stamato and Sanford Jaffe, of Rutgers University, further that "Mediation, particularly, can bring into constructive dialogue the legitimate but divergent interests that require reconciliation if there is to be reasonable agreement with respect to how and where and under what conditions people live. Agreements reached in this forum are more likely to be implemented because they have the support of the individuals and groups who, having participated, are committed to making their agreements work." (Ashbury Park Press 8/21/07)