Your Trusted Partner in Alternative Dispute Resolution
Mediation & Arbitration in Denver and Throughout Colorado
Construction | Insurance | Business & Commercial | Outdoor Recreation | Employment & Other Civil Matters
Moving Forward with Mediation & Arbitration
Disputes can be costly, time-consuming, and damaging to relationships. If you're seeking a better way to resolve conflict in Colorado, consider Alternative Dispute Resolution (ADR). ADR offers a range of processes, including mediation and arbitration. With ADR, you can often achieve a faster resolution, reduce legal expenses, and preserve valuable relationships.
ADR provides a confidential setting where you can work with an experienced, neutral professional to create flexible, customized solutions tailored to your needs.
↓ Not sure if ADR is right for you? Visit our FAQ section to learn more.
Benefits of ADR
Cost Savings
Speed & Efficiency
Expert Decision-Makers
Confidentiality
Binding & Final Decisions
Preserved Relationships
Flexibility in Process
Enforceability
Our Approach
Mediation: Collaborative Problem-Solving
At Rocky Mountain ADR, our mediation process is designed to be thorough and flexible. Initially, parties submit materials they feel would be useful, sometimes including a mediation statement. Our mediator conducts individual pre-mediation calls with attorneys to gain insights into their client's needs, understand barriers to resolution, and gather other relevant information.
Mediation sessions are typically virtual but can be arranged in person as needed. The mediator begins with all parties and attorneys together for introductory and preliminary remarks. Depending on the needs of the parties and their attorneys, the mediation continues in a joint session, or splits into separate caucuses.
If the parties reach resolution, our mediator drafts a memorandum of understanding to be signed by all parties before concluding the session. When an agreement isn't achieved during mediation, the mediator follows up with parties and attorneys afterward to explore whether a resolution has become possible.
Mediation empowers you to craft your own solution with the help of a neutral facilitator. Our approach adapts to your goals, whether preserving relationships or reaching practical agreements.
When to Choose Mediation
Preserving business relationships is crucial
Creative solutions are needed
Direct communication can help
Quick resolution is preferred
Cost control is important
Confidentiality is valued
The Mediation Process
Initial Consultation
Pre-mediation Preparation
Joint Session Introduction
Private Caucuses as Needed
Solution Development
Agreement Documentation
Arbitration: Expert Decision-Making
For arbitration proceedings, our arbitrator typically follows the proposed Model Rules for Non-Administered Arbitrations, though parties may deviate or propose their own procedures. The process includes the arbitrator’s thorough review of all evidence and legal statements provided by the parties and their attorneys. The arbitrator oversees discovery exchanges as needed.
The arbitration hearing includes opening statements, presentation of witnesses, experts, and evidence, followed by closing statements. The hearing duration is scheduled according to the parties' needs. The arbitrator then issues a ruling—either reasoned or not, depending on the parties' request.
Arbitration provides a streamlined alternative to court, with a neutral arbitrator issuing a binding ruling. This process combines legal expertise with industry knowledge for efficient resolution.
When to Choose Arbitration
Binding decision is required
Legal precedent matters
Multiple parties are involved
Document-heavy disputes
Confidentiality is essential
The Arbitration Process
Initial Filing
Arbitrator Selection
Preliminary Hearing
Limited Discovery
Evidentiary Hearing
Final Award
Resolve Disputes Faster with Mediation & Arbitration
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When construction projects go wrong, causation and liability are often hard to pin down. Owners, contractors, subcontractors, architects, and designers may all look at each other, complicating early resolution. We understand these dynamics and can help resolve construction disputes.
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Investors and sellers, corporate splits, contract disputes. These issues impact businesses big and small, and protracted litigation can affect the bottom line or even future viability. We work with all parties to reach a resolution.
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Navigate insurance coverage conflicts with confidence. My extensive experience as a Chief Litigation Officer and coverage attorney ensures a balanced and insightful approach to resolving your dispute.
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Adventure recreation brings unique liability challenges. We help owners, operators, designers, installers, manufacturers, and inspectors in the outdoor industry resolve disputes while protecting their businesses.
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We use mediation to restore communication and guide parties toward workable solutions through constructive dialogue—whether for workplace conflicts, disputes between neighbors or business partners, personal injury cases, or consumer matters. When an alternative to court is the best option, we provide a binding ruling through arbitration.
Resolution Case Studies: ADR in Action
Mediation is generally preferred when preserving relationships and finding creative solutions are important. Arbitration is often chosen when a binding decision is needed, especially for disputes involving complex technical or legal issues. Often a contract requires that parties engage in mediation and/or arbitration.
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Mediation: A commercial construction project faced significant delays due to unforeseen site conditions. The owner and contractor disagreed on responsibility and potential cost overruns. Through mediation, they collaboratively identified the root causes of the delays, allocated responsibility fairly, and agreed on a revised schedule and budget, preserving their working relationship and avoiding costly litigation.
Arbitration: A subcontractor on a construction project claimed significant damages due to delays caused by the general contractor. The dispute involved complex technical issues and contract interpretations. The parties opted for arbitration, where an expert arbitrator with construction knowledge reviewed the evidence and issued a binding decision that resolved the financial dispute and clarified contractual responsibilities.
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Mediation: A homeowner's insurance claim for water damage was denied due to a dispute over policy coverage. Through mediation, the homeowner and the insurance company openly discussed the policy terms, the circumstances of the damage, and their respective interpretations. They reached a mutually agreeable settlement that provided partial repair coverage, avoiding a lengthy and uncertain legal battle.
Arbitration: Two insurance carriers disputed coverage responsibility for significant water intrusion with an unknown occurrence date and unknown cause. Both recognized a court ruling might create an unfavorable precedent for future claims. Through arbitration, they presented expert testimony and policy analysis to a neutral arbitrator who issued a binding, confidential ruling that resolved their dispute without a broader precedential impact.
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Mediation: A small business was owed a significant sum by a client facing financial difficulties. Through mediation, they explored options other than full payment. They agreed on a structured payment plan that allowed the client to repay the debt over time while minimizing the financial strain on both businesses.
Arbitration: Two businesses disagreed on the terms of a contract, leading to a dispute over payment. The contract included an arbitration clause. In arbitration, both sides presented their arguments and evidence to a neutral arbitrator, who issued a binding decision that clarified the contract terms and determined the appropriate payment amount.
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Mediation: A customer was injured while riding a zipline. The cause of the accident was not clear - whether it was due to faulty equipment, issues with the design or installation of the zipline, an error on the guide’s part, or failure by the customer to follow directions. The customer, operator, equipment manufacturer, design company, and installation company each discussed their own position and heard from the other parties, resulting in an agreement for each of the companies to share in a settlement that satisfied the customer – without the need to go to litigation and face the accompanying uncertainty of outcome.
Arbitration: A dispute arose between a ski resort and a customer injured on a ski lift. The customer claimed gross negligence, while the resort argued the injury was due to the customer's actions. The case went to arbitration, where an arbitrator with knowledge of ski industry regulations and liability issues made a binding decision in a fraction of the time a court case would have taken.
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Mediation: A group of employees claimed they were not receiving proper overtime pay. Through mediation, they and the employer discussed the concerns, reviewed relevant labor laws, and negotiated a solution that addressed the unpaid wages and ensured future compliance with regulations.
Arbitration: An employee was terminated and claimed wrongful dismissal. The employment contract included an arbitration clause. The case went to arbitration, where an arbitrator reviewed the evidence, employment contract, and relevant laws to determine whether the termination was justified and whether the employee was entitled to compensation.
Mediation & Arbitration Outperform Litigation & Help Parties Move Forward
ADR is a Valuable Alternative to Traditional Litigation
Faster Resolution
Cost Savings
Confidentiality
Relationship Preservation
Flexible Solutions
Our Commitment to Effective Dispute Resolution
Jennifer Arnett, Esq.
At Rocky Mountain ADR, confidentiality is paramount—all communications and information shared during mediation or arbitration remain strictly private. As your neutral third party in Colorado, Jennifer Arnett maintains complete impartiality while ensuring every voice is heard in a balanced, respectful forum. Our collaborative, results-focused approach adapts to your goals, whether preserving relationships or reaching practical agreements. We provide an efficient alternative to traditional litigation, helping parties resolve disputes faster and cost-effectively. With decades of experience in complex commercial litigation—from headline cases to individual disputes—we understand your risks and challenges.
Our specialized expertise extends to the construction industry's technical complexities and relationships, from defect claims to contract disputes, as well as insurance matters, where our background as Chief Litigation Officer brings valuable insight to coverage disputes, subrogation issues, and bad faith claims. Rocky Mountain ADR combines balanced neutrality with industry-specific knowledge to help you find your path to resolution. Learn more…
Frequenty Asked Questions
Alternative Dispute Resolution, a Better Choice to Litigation
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No, mediation itself isn't about strict rules and judgments. It's a collaborative process where you and the other party work together to find a mutually agreeable solution. If you reach an agreement, it can be put in writing to become a legally binding contract.
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Unless required by contract or a court, all parties must enter mediation voluntarily. If a party refuses to participate in good faith in a required mediation, it may affect their position in future legal proceedings. However, we believe in the power of open communication and encourage all parties to come to the table with a willingness to explore solutions.
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Absolutely! Your lawyer can be a valuable asset in mediation, providing legal advice and ensuring your rights are protected throughout the process. You are also welcome to attend mediation without a lawyer.
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Mediation is generally significantly less expensive than traditional litigation. You'll save on court fees, attorney fees, and the expenses associated with discovery and a lengthy trial. Unless the parties have another arrangement, the cost of the mediation is split equally by the parties.
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That's still a step forward! Even partial agreements can simplify the issues, potentially leading to a full resolution later or narrowing the scope of any remaining legal disputes. A partial agreement will be drafted for the parties’ signature.
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Mediation is designed to be efficient. Many cases are resolved in a half day or a single day, while others might require multiple sessions. This is still significantly faster than traditional court processes.
Why Choose Mediation?
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Yes, in most cases, arbitration results in a legally binding and enforceable decision, similar to a court judgment.
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Appealing an arbitration decision is very limited, unlike appealing a court decision. This finality can be an advantage or disadvantage, depending on your circumstances.
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Arbitration is less formal than court but more structured than mediation. It involves presenting evidence and arguments to a neutral arbitrator who makes a decision.
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Parties can often jointly select an arbitrator.
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Arbitration is often preferred for disputes involving complex legal or technical issues, when a final and binding decision is crucial, or when the parties want to avoid a public and precedential ruling.
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Yes, you can resolve your dispute at any time. Even during arbitration, parties can still negotiate and reach a settlement agreement.
Why Choose Arbitration?
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Absolutely. Construction disputes often involve technical details, multiple parties, and disputed causation. Mediation provides a structured yet collaborative environment to address these complexities and find solutions that work for everyone involved.
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Yes, mediation can be very effective for resolving delay claims. It helps identify the root causes of delays, fairly allocate responsibility, and develop solutions to get the project back on track efficiently.
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Mediation can be especially helpful in multi-party construction disputes, as it brings everyone together in a neutral setting to facilitate communication and work towards a comprehensive resolution.
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Yes, mediation can effectively resolve disputes related to construction defects, warranty claims, and incomplete or unsatisfactory work. If you're facing a construction dispute and want to explore mediation, contact Jennifer Arnett, Esq. at Rocky Mountain ADR to discuss your needs.
Construction Disputes
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Yes, mediation can be a valuable tool when dealing with insurance claim denials. It provides a neutral setting for you and the insurance company to discuss the claim openly, review the policy, and reach a fair settlement, avoiding a lengthy court battle.
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Arbitration can be a good option if you need an expert decision on complex insurance policy interpretations or coverage issues. It can provide a faster and more cost-effective resolution than going to court.
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Yes, ADR can be very effective for resolving disputes related to business interruption insurance, particularly when disagreements about the cause of the interruption or the extent of coverage.
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ADR can also be used for personal injury claims related to insurance, such as disagreements over liability or the amount of compensation offered. If you're dealing with a personal injury claim and are unsure about the best way to proceed, consider contacting Jennifer Arnett, Esq. at Rocky Mountain ADR for guidance.
Insurance Disputes
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Arbitration can be a good option if you need a binding decision to enforce payment. However, mediation might be more suitable if preserving the business relationship is a priority. We can help you determine the best approach for your specific situation.
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Yes, mediation can be very helpful for partnership disputes. It allows partners to openly discuss their concerns, find common ground, and restructure their agreement to better suit their goals, often preserving the business relationship.
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ADR is highly versatile and can be used for various commercial disputes, including breach of contract, partnership disagreements, intellectual property issues, and real estate transactions.
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Absolutely! ADR offers a way to efficiently resolve disputes with suppliers or vendors, minimizing disruptions to your business operations and preserving important business relationships.
Commercial Disputes
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Yes, mediation can help parties discuss safety concerns, liability issues, and potential settlements for injuries or damages related to outdoor recreation activities. It offers a way to resolve these disputes while minimizing negative impacts on outdoor activity enjoyment.
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ADR can address disputes arising from guided tours, adventure activities, or other recreational services, such as disagreements over safety procedures, liability waivers, or refunds.
Outdoor Recreation Disputes
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Mediation can be a very effective way to resolve employment disputes. It allows employers and employees to discuss concerns, review relevant laws, and negotiate solutions that address workplace issues, often preserving the working relationship.
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Yes, ADR can be a valuable tool for resolving neighbor disputes, property boundary issues, or disagreements within homeowners' associations. It can also help maintain positive relationships within a community.
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Yes, mediation and arbitration can lead to resolution of your dispute significantly quicker than traditional litigation, saving you time, money, and stress – and allowing you to return your focus to running your business sooner.
Employment & Other Civil Disputes
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When choosing a mediator or arbitrator, look for someone with relevant expertise in your dispute area, strong professional credentials, and specialized ADR training. It is also important to find a mediator or arbitrator with the temperament that fits the needs of your dispute. At Rocky Mountain ADR, Jennifer Arnett brings nearly 25 years of legal experience, specialized mediation training, and a commitment to finding practical, efficient solutions to complex disputes. Jennifer listens to all sides and brings her down-to-earth, empathetic nature to each dispute she is involved in.
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Starting the ADR process is simple - just contact us. Once all parties have agreed to mediate a dispute with Rocky Mountain ADR, schedule your mediation here.
Schedule Your MediationIf the parties need arbitration, or if there are general questions, reach out to us here.
Contact Rocky Mountain ADR -
Before your mediation, gather relevant contracts, correspondence, photographs, reports, or financial records related to your dispute. Preparing a brief mediation statement can help our mediator quickly understand the key issues in dispute, allowing for a more focused and productive discussion.
Rocky Mountain ADR FAQ
Let's Talk.
Take the First Step Towards Resolution.
Experienced. Neutral.
Colorado-Focused.
At Rocky Mountain ADR, we bring nearly 25 years of experience representing all sides in complex disputes. Our founder's background as a Chief Litigation Officer and Wall Street attorney, combined with her deep understanding of Colorado industries and communities and her down-to-earth style, ensure a balanced and insightful approach to resolving your dispute.
At Rocky Mountain ADR, we provide professional, neutral, and empathetic mediation and arbitration services throughout the Denver metro area, the Front Range, and the wider Rocky Mountain region. We understand the complexities of disputes in various sectors, from construction and insurance to commercial and outdoor recreation.