AVAILABLE DISPUTE RESOLUTION SERVICES

Mediation is a process designed to assist the parties in reaching a mutually agreeable resolution of the dispute.   The mediator is a neutral party that facilitates the parties' negotiation of their own agreement.  The mediator does not decide how the dispute will be resolved, but can offer important insights, help overcome communication barriers, and assist the parties in finding common ground. 

Arbitration is an adjudicatory process intended to replace traditional litigation through the courts.   An arbitrator is an impartial, neutral decision maker that will hear the evidence and decide the disputed issue.   Arbitration is governed by specific rules which are ordinarily determined by the parties' preexisting agreement, such as a construction contract.   An arbitration may also be conducted before a panel of more than one arbitrator.  Generally speaking, an arbitration award is final and not subject to appeal or review.

Colorado's domestic relations statutes authorize parents to designate a decision maker to resolve disputes under existing court orders and in accordance with specific procedures.   Section 14-10-128.3, C.R.S., details the appointment and general powers of decision makers.  A decision maker may be empowered to resolve disputes concerning parenting time, parental decision-making, and child support.  A decision maker has the power to make binding determinations, but the parties retain the right to request review by the court.

A special master is appointed by a court to perform certain duties or manage limited portions of a case.   Special masters are often appointed to oversee discovery in large or complex civil cases.  A special master has decision making powers as defined by the court's order of appointment, but the court retains authority to review a special master's orders, including at the request of the parties.