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.  Click on the buttons above to go straight to the service that interests you, or scroll down to read about all of our services.  Then, read about Our Team, Our Philosophy, and Why You Should Choose Us to assist you in resolving 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.

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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 between commercial enterprises, among government agencies, or within workforces or dividing families.

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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:

• the parties can select an arbitrator or panel with specialized knowledge of complex issues or of the customs and standards of a particular industry or practice;
• the dispute can be resolved quickly and conclusively;
• the parties may use attorneys when and as desired;
• the parties have the undivided attention of the neutral;
• the process and the result can remain confidential or can be registered and enforced as a court judgment; and
• the case can commence immediately, uses abbreviated presentations and less formal procedures, and is extremely cost-effective.

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.

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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, testimony, other evidence, and argument are presented by the parties, and the neutral then 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.

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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.

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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.

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Mini-Trials
An Abbreviated Trial to Facilitate Settlement Negotiations

A mini-trial is especially useful in resolving large, complex cases where negotiations are stalled and participants need to see for themselves the strengths and weaknesses of their cases.  In a mini-trial, elements of other Alternative Dispute Resolution methods are combined.  Lawyers for each party present an abbreviated version of their cases to a panel made up of a representative of each party with settlement authority and an impartial but experienced neutral who facilitates agreement on procedure and moderates the hearing.  After the presentation, the neutral facilitates settlement negotiations between the party representatives on the panel.  The process is non-binding but enables both sides to see the strengths and weaknesses of their cases and greatly enhances settlement discussions between top officials of the parties. 

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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. 

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Contact Us

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

Phone: 970-925-2445  Fax: 970-925-2442  E-mail: manager@AspenDisputeResolution.com