Arbitration - The Basics
In arbitration, both parties agree to an impartial third person making decisions. Entering into arbitration is voluntary, because both parties must agree with each other in order to appoint the arbitrator. Once appointed, this third person becomes the “decider.”
Arbitration can be a positive experience when negotiations are stuck on a single issue. Sometimes, the domino effect of having that one decision made can let everything else fall into place by agreement. Where negotiation has proved fruitless, on all or a number of issues, arbitration does at least offer the virtue of being fast and inexpensive compared to going to court.
Unlike mediation, Colorado statutes provide for several distinct forms of arbitration. There is also some flexibility in the rules that apply to the arbitration proceeding. For example, you can agree to a simpler procedure than is typical in a courtroom, or you can require the arbitrator to follow the full rules of civil procedure and evidence.
Arbitration in divorce or child custody cases can be used at several stages of a case. In a contested divorce, arbitration can be used before the courts have granted any divorce decree. It can also be used post-decree when a decision maker can help implement court orders. Arbitration can also be used to modify permanent orders.
I offer the following services. Each has a different basis in Colorado statute:
Arbitration on Children’s Issues
I offer binding arbitration under the terms of Colorado’s Uniform Dissolution of Marriage Act, which requires a court appointment made with the consent of both parties. The statute describing this is C.R.S. 14-10-128.5.
Decision-Making
Where there is a need it to implement existing court orders concerning the parties’ children, I am willing to take appointments as a Decision-Maker under the terms of Colorado’s Uniform Dissolution of Marriage Act, which requires a court appointment made with the consent of both parties. The statute describing this is C.R.S. 14-10-128.3
Arbitration on Other Issues
I will arbitrate issues that do not involve the allocation of parental responsibilities. This can be done under Colorado’s Uniform Arbitration Act, which permits a private agreement without court involvement. The statutory scheme for this is C.R.S. 13-22-201et seq.
Arbitration can be a positive experience when negotiations are stuck on a single issue. Sometimes, the domino effect of having that one decision made can let everything else fall into place by agreement. Where negotiation has proved fruitless, on all or a number of issues, arbitration does at least offer the virtue of being fast and inexpensive compared to going to court.
Unlike mediation, Colorado statutes provide for several distinct forms of arbitration. There is also some flexibility in the rules that apply to the arbitration proceeding. For example, you can agree to a simpler procedure than is typical in a courtroom, or you can require the arbitrator to follow the full rules of civil procedure and evidence.
Arbitration in divorce or child custody cases can be used at several stages of a case. In a contested divorce, arbitration can be used before the courts have granted any divorce decree. It can also be used post-decree when a decision maker can help implement court orders. Arbitration can also be used to modify permanent orders.
I offer the following services. Each has a different basis in Colorado statute:
Arbitration on Children’s Issues
I offer binding arbitration under the terms of Colorado’s Uniform Dissolution of Marriage Act, which requires a court appointment made with the consent of both parties. The statute describing this is C.R.S. 14-10-128.5.
Decision-Making
Where there is a need it to implement existing court orders concerning the parties’ children, I am willing to take appointments as a Decision-Maker under the terms of Colorado’s Uniform Dissolution of Marriage Act, which requires a court appointment made with the consent of both parties. The statute describing this is C.R.S. 14-10-128.3
Arbitration on Other Issues
I will arbitrate issues that do not involve the allocation of parental responsibilities. This can be done under Colorado’s Uniform Arbitration Act, which permits a private agreement without court involvement. The statutory scheme for this is C.R.S. 13-22-201et seq.