For many disputes, mediation and arbitration are wise alternatives to litigation. Depending on the specifics of the case and the nature of the opponent, mediation or binding arbitration can resolve a dispute more quickly and cost-effectively.
At Downey & Associates, PC we evaluate each case and determine whether litigation, mediation, binding arbitration, or an out-of-court settlement is the wisest choice.
For approximately 25 years, the firm now known as Downey & Associates, PC has served clients throughout the Denver area, including Englewood, Boulder, Littleton, Aurora, and other areas of Colorado. We have represented businesses and individuals in a wide range of disputes, including those involving:
Attorney Thomas E. Downey Jr. not only represents clients in mediation and arbitration, but he has also served as an arbitrator and is a trained mediator.
Related: Resolving Disputes with Arbitration: The Pros & Cons
We are well-known for excellent and ethical representation. Tom Downey participates in several bar association committees devoted to professional ethics. You can be assured that all your dealings with Downey & Associates, PC will conform to the highest standards of professionalism.
Contact Us
If you would like to know more about how mediation or binding arbitration can help you resolve a dispute, call us at (303) 813-1111 or email us through our
contact page. Downey & Associates, PC is available for free initial consultations for those who qualify. We make evening appointments and can accept credit cards.
Frequently Asked Questions
What are the advantages of mediation for resolving business disputes?
Mediation offers a confidential and collaborative environment for resolving business disputes. Our Denver-based mediation attorneys help businesses maintain positive relationships by avoiding the adversarial nature of court cases. This method is not only faster but also allows for more creative solutions tailored to the specific needs of the parties involved.
Can arbitration be used for employment disputes in Denver?
Yes, arbitration is a common method for resolving employment disputes. Our arbitration attorneys are experienced in handling cases involving issues such as wrongful termination, discrimination, and contract disputes. This process provides a private and efficient way to resolve conflicts without the public exposure of a court trial.
What is the difference between mediation and binding arbitration, and which should I choose?
Mediation is a confidential, nonbinding process where a neutral helps the parties reach their own settlement. Arbitration is more like a private trial where a neutral arbitrator issues a binding award that is difficult to overturn. Mediation often preserves relationships and can be scheduled quickly with flexible outcomes. Arbitration offers finality and privacy, with streamlined procedures compared to court. The best choice depends on the dispute, the need for speed or precedent, and your willingness to accept a final decision. Colorado’s court mediation resources and the American Arbitration Association explain these options in detail.
Can an arbitration award be appealed in Colorado, and on what grounds?
Courts have very limited power to set aside arbitration awards. Under the Federal Arbitration Act and companion state laws, an award may be vacated for reasons like corruption, evident partiality, serious misconduct, or the arbitrator exceeding their powers. These are narrow grounds, and most challenges fail. Parties can sometimes add an internal appellate arbitration step by agreement, which is faster than court review. Strategy about record creation and arbitrator authority clauses can affect later review. The AAA’s guidance on vacatur and optional appellate rules outlines these limits.
How should I prepare for mediation, and what happens during the session?
Before mediation, gather key documents, exchange necessary information, and prepare a concise statement of your positions and interests. Expect an opening session with the mediator, followed by private caucuses to explore settlement options. The mediator is neutral, cannot impose a decision, and keeps discussions confidential within the process rules. Necessary decision-makers should attend or be readily available to authorize terms. If an agreement is reached, it is typically reduced to a written, enforceable settlement. Colorado Judicial Branch resources provide checklists, how-to’s, and mediator policies.
Why choose Downey & Associates PC for mediation and arbitration services?
Choosing Downey & Associates PC for mediation and arbitration services ensures that you receive experienced and dedicated legal support. Our attorneys specialize in alternative dispute resolution, offering tailored strategies to meet your specific needs. Whether you are dealing with a personal or business-related issue, reach out to our team to explore your options.
Additional Information in Denver, CO
- Preparing for Mediation - Colorado Judicial Branch: Provides a comprehensive guide on how to prepare for mediation in Colorado. It includes key steps and considerations for parties involved in mediation, offering practical advice on how to present issues, understand the process, and work towards a resolution.
- Employment Arbitration Rules & Mediation Procedures: American Arbitration Association outlines the rules and procedures for handling employment disputes through arbitration and mediation. It provides guidelines for both employers and employees on the arbitration process, including the initiation of arbitration, selection of arbitrators, and the conduct of hearings.
- Alternative Dispute Resolution: What is Mediation?: Colorado Department of Regulatory Agencies explains the process and benefits of mediation as a form of alternative dispute resolution. It provides an overview of how mediation works, the role of the mediator, and the advantages of choosing mediation over litigation, particularly in real estate disputes.
