mediation & arbitration services

Coldiron Mediation Group provides the legal and business communities a confidential, cost-effective, and expeditious method of alternative dispute resolution. We can create virtually any resolution format to resolve your conflict including, but not limited to, mediation, arbitration, settlement conference, med-arb and any other out-of-court negotiating procedure, binding or non-binding, which delivers efficient and effective results that satisfies all parties involved.

Mediation is a non-binding, voluntary process in which an impartial and neutral third party (the Mediator) facilitates negotiation between the parties involved to successfully resolve conflict and attain a mutually acceptable outcome. The Mediator promotes communication among the parties, helping them to identify their interests in the dispute, and frames the real issues involved so that they become more clear and understandable to all parties involved in the dispute. The Mediator does not impose a decision on the parties. The Mediator is neither a finder of fact nor a judge or decision-maker. Instead, the parties retain total control over the outcome of the negotiations. The final settlement reflects the combined efforts and creativity of the parties and their counsel, if applicable, through the facilitation of the Mediator.

In arbitration, an impartial and neutral third party (the Arbitrator) hears evidence and argument from the parties involved in the dispute and makes a written decision or "award." The arbitration process can be flexible, and can be as formal or informal as the parties choose.

This process enables the parties to select an Arbitrator with particular experience in the subject matter in dispute. The process is usually less protracted and time consuming than allowing the case to proceed to trial in the court system.

A settlement conference is a form of mediation, usually conducted before a judge or other experienced litigator. The parties present the factual and legal issues to the impartial and neutral third party (the Neutral). The Neutral takes an active role to attempt to settle the case, and will express an advisory evaluation as to the merits and settlement value of the case. This enables the parties to obtain an early indication of the strengths and weaknesses of their respective positions early in the dispute resolution process.  The settlement conference is non-binding.

In a med-arb, the parties agree in advance to begin the conflict resolution process with a mediation then shift to arbitration if the conflict is not successfully resolved in mediation.  The impartial and neutral third party facilitates settlement negotiations, and then makes binding decisions on any issues that may hinder settlement.  Ultimately, the matter is resolved by the  parties with a negotiated settlement, or by an award from the impartial and neutral third party.