What is alternative dispute resolution (ADR)?

The Colorado Civil Rights Division defines ADR in a helpfully succinct way: “methods of problem-solving that can help individuals in conflict reach a mutual agreement. ADR is an alternative to traditional avenues of conflict resolution, such as court actions and hearings.” You can find an expanded overview and state contact information here. ADR commonly takes the form of mediation, arbitration, conciliation, or restorative justice. It can be court-mandated or elective.

What is facilitative mediation?

Mediation itself is a broad term that covers several models and approaches. The differences among them lie in the lies in the neutral third-party’s role and the purpose and tone of the mediation discussion. In facilitative mediation, a third-party moderates a conversation between two parties. The mediator creates an environment for a pragmatic, yet sensitive discussion, but does not offer suggestions, advice, or any kind of personal perspective.

How does mediation work?

A session begins with an opportunity for both parties to share what brought them to mediation. Although we begin in the past, where the conflict arose, we quickly shift towards discussing the future. As a neutral party and an outsider to the conflict, the mediator will ask questions, summarize and reframe observations, and make sure both parties feel equally heard and their interests recognized. Once both parties agree on a resolution that accommodates their needs and allows them to move forward, they can ask the mediator to codify the settlement in a Memorandum of Understanding while the parties are still in session together. When the session ends, the mediator destroys all notes they took before and during the mediation.

Who makes decisions during mediation?

You do! Mediation is not arbitration or a legal ruling. The parties themselves reach an agreement, and further decide whether that agreement will be binding. If the parties fail to reach a settlement, they still retain agency over next steps, whether it be an additional mediation session, a different means of ADR, litigation, or walking away without further plans.

What is included in a mediation session?

Each mediation begins with a free consultation (up to 30 minutes). The mediator will outline the process, goals, fees, and ask the party who contacted us to paint a picture of the conflict in broad strokes. If both parties agree to schedule a mediation, they will both have a 30-minute pre-mediation, informational phone call or zoom with the mediator. The session itself is two hours.

Is mediation a way of getting justice?

Individual parties agree to third-party mediation as a way to resolve an ongoing, perhaps even historic point of conflict between them. That desire for resolution can itself be motivated by a quest for justice, but in practice, mediation is a process that orients both parties towards the future. A facilitated settlement can represent justice for some parties. More importantly, though, it will represent relief, growth, and a step forward past the anxiety and burden of conflict for everyone involved.

Why choose mediation?

We encounter conflicts in all aspects of our personal and professional lives. Avoiding them or trying to work around them often generates more stress and emotional baggage than the underlying issue that sparked conflict in the first place. Mediation is a faster and more cost-effective means of resolving conflict than working through attorneys or courts, but more importantly, it provides an environment in which each party can advocate for themselves and create their own solutions. That opportunity for self-advocacy, creative thinking, problem solving, harmonizing, collaborating, and consensus building gives individuals a path forward out of a specific crisis, but also better prepares them to handle conflicts and disputes in the future.

Who is Goodway’s mediator?

Camarin Porter, PhD (she/her) comes to mediation with a background in Higher Education, faith-based non-profit work, community organizing, consulting, and art.

How much does mediation cost?

-Half-hour consultations are free (no legal advice provided).

-Online and in-person mediations are $150 per hour (two-hour minimum per mediation, which includes a

half-hour phone, Zoom, or in-person conversation with each party).

-Discounted and pro bono mediation available with special referrals.