Q: What is mediation? A: Mediation is a process in which a trained, neutral third-party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. It is a type of alternative dispute resolution.
Q: What is facilitative mediation? A: Facilitative mediation focuses on identifying the parties' interests, developing an agenda, and facilitating a process to help the parties' resolve their dispute.
Q: What is transformative mediation? A: Transformative mediation is similar to facilitative mediation except that it goes a step further than facilitating dispute resolution; it has the goal of transforming the participants' relationship in the process of resolving their dispute.
Q: What is evaluative mediation? A: Evaluative mediation listens to the parties' dispute positions and facilitates a process to resolve the dispute through evaluating their positions as part of the mediation process.
Q: Who should attend mediation? A: The parties to the dispute. It may also be appropriate to include other key decision makers in the mediation and/or alternative dispute resolution process.
Q: Can someone with a disability participate in alternative dispute resolution? A: Yes. There are many ways a person can be considered legally disabled. For example, a minor may be legally disabled because of their age, an elderly person may be disabled because of their cognition, and an individual of any age may need accommodations because of another disease, disability, or a traumatic event. Custom Dispute Solutions will screen your unique situation to determine appropriate ways for disabled individuals to participate in the process.
Q: How does a party's capacity effect dispute resolution? A: Capacity is a decision specific concept. A parties' capacity needs to be determined on a case-by-case bases. In assessing whether a party can effectively participate in an alternative dispute resolution process, an assessment can be made as to whether there is an appropriate accommodation available.
Q: What is a Guardian ad Litem? A: A Guadian ad Litem is an individual who is court appointed to represent the best interests of a minor or a mentally incapacitated person in matters relating to a court proceeding.
Q: Are Guardianships favored in Colorado? A: No. The Colorado General Assembly found that Guardianships constitute one of the most-restrictive options available to adults with disabilities and their families. They should only be employed when there is no less restrictive alternative available.
Q: What less restrictive options are available to adults with disabilities than Guardianship or Conservatorship? A: Alternative dispute resolution can be used to explore less restrictive options such as supported decision making and care-coordination.
Q: What is supported decision making? A: Supported decision making is a way to assist adults with disabilities exercise decisions regarding their day-to-day health, safety, welfare, or financial affairs with support. In Colorado, it is governed by statute.
Q: What does alternative dispute resolution cost? A: Alternative dispute resolution costs vary depending on the skill, experience, and location of the alternative dispute resolution provider. Factors such as the nature of the case, the number of parties, location of the dispute resolution session and/or unusual travel requirements can also affect the cost.