Hawthorne & Associates
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Mediation

You Decide On An Acceptable Resolution

 
Mediation (def): An intervention in dispute negotiations by a trained neutral third party with the purpose of assisting the parties to reach their own solution. Mediation Services (def): Also known as “dispute resolution programs,” this is a process by which parties involved in a dispute, whether or not an action has been filed in court, agree to enter into one or more settlement discussions with a mediator in order to resolve their dispute. Mediator (def): A trained individual who assists disputants to reach a mutually acceptable resolution of their disputes by identifying and evaluating alternatives.

Benefits of Mediation

  • Avoid cost and time of court

  • Completely voluntary. And if not resolved, you can still go to court

  • Confidential – mediation communications are inadmissible in later court proceedings

  • Parties control the settlement, if any

  • Can bring your attorney to mediation

  • You decide how to move forward after resolution

  • Can preserve important relationships

  • Parties choose mediator and share costs

Process

The mediation process is a confidential and cost-effective alternative to going to court. Hawthorne & Associates provides mediation services by its principal, Robert D. Hawthorne, a seasoned attorney, former appellate court judge, and trained mediator. He has completed a 40 Hour Mediation Training course through the Colorado Bar Association and has acquired hundreds more hours of mediation continuing legal education. Bob applies his broad experience and extensive training to confidentially mediate a wide variety of disputes fitting within his years of experience and expertise as an attorney and former appellate judge.

Most importantly, Bob’s goal in the mediation process is to enable the parties to ultimately reach what they deem an appropriate resolution of their dispute. He understands that the mediator’s role is not that of an arbitrator or a judge.

The mediator makes no decisions as to outcome. As the mediator, Bob facilitates open, honest, straight-forward discussion between the parties. He listens intently to each party and respects their position. Bob relies on his experience and training to discern each parties’ specific interests and where those interests may intersect. He is also keenly aware that emotions are inevitably intertwined in conflict, and he accounts for those underlying factors during the collaborative process. Bob respects everyone’s views and maximizes their contribution to assure that all concerns, information, and interests are made available to generate ideas and promote forward-thinking collaboration.

By openly and honestly engaging in this process, the parties generate their own innovative ideas as to how to satisfy their separate needs and interests by mutual agreement. Bob’s thoughtful and focused approach in a mediation significantly enhances your opportunity to successfully resolve your dispute in a manner acceptable to you.

 
 
“Discourage litigation. Persuade your neighbors to compromise whenever you can.”
— Abraham Lincoln