Selecting a third-party neutral or provider of ADR services is like choosing any other professional. The person(s) must meet the requirements of the case and of the parties. At a minimum, the neutral cannot favor any of the parties. Furthermore, the neutral must be impartial and may not have a “stake in the outcome of the case.” The neutral should be knowledgeable in the subject matter of the dispute, especially where the process chosen results in a decision, and must be experienced in the ADR technique chosen. It is important that this person be trusted by all parties.
The Colorado Bar Association and the Colorado Council of Mediators and Mediation Organizations have jointly produced a directory to aid parties and lawyers in the selection of neutral third parties. The Colorado Judicial Institute has also promulgated a Resource Guide. Representatives from any of these organizations will be happy to answer questions.
Our firm attempts to utilize Alternative Dispute Resolution in each case in which it would benefit the client. Additionally, Jim Arndt is a private mediator and acts as a neutral third party to resolve disputes out of court. Please give our office a call to assist you with your legal problems.
This is an excerpt from an article published by the Colorado Bar Association, 2002. https://www.cobar.org/index.cfm/ID/211/subID/1244/CAAD/Manual-on-Alternative-Dispute-Resolution/
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