Business Disputes, Workplace Issues, Family Matters, Elder Law and more

MEDIATION

LITIGATION

 

“Win-win” result achieved

Always a winner and a loser

An agreement addresses all of your issues adequately

Results limited to what law allows

Ability to preserve existing relationships

Often terminates all relationships

Clear and specific resolution of roles, responsibilities, goals and objective

Clarity is dependent on the drafting abilities of the judge

The average cost of mediation in 2007 was approximately $500 per case, $250 per party1

The average cost of an attorney is $250 per hour

Less stress

High anxiety

Resolution can be reached quickly as you proceed at your chosen pace

Length of litigation is mandated by rules of procedure and court docket

Back to business and life more quickly

Prolonged disruption by court appearances, depositions and meetings

More control over the outcome

Outcome determined by third party

Confidential and private

Subject to public access to records

Informal, convenient and comfortable atmosphere

Intense legal environment

Research shows that people are more likely to follow through with a mediated agreement because they took part in the process

Research shows that people are more likely to dispute over outcome and go into future litigation


ABOUT OUR PROCESS

Mediation is a process that allows the participants to collaborate and have a significant role in identifying and solving problems by addressing as many of their concerns as possible and arriving at a mutually satisfactory result.

Prior to the start of mediation, we offer an optional face-to-face meeting with the mediator before committing to the process. The meeting lasts approximately 30-minutes and is attended by all parties.

Once a commitment to mediate is made, the mediator meets with each person separately in order to obtain a history of the issues, and understand each person’s perspective on the disputes that will be addressed.

Generally, the mediator and parties then meet together to form an agenda and goals and then the mediation process begins. Joint sessions are usually scheduled for 2-hour blocks of time, in order to allow for optimum progress.
Once an overall agreement is reached, the mediator will prepare a memorandum of understanding which details the terms of the agreement. The more detailed an agreement is, the less opportunity arises for further difficulties. Following successful mediation, either party will be able to have any proposed agreements reviewed by an attorney of their choice. Mediators will not and cannot provide legal advice to either party.

Mediation may not work for all cases but if both parties are willing to work together, it will make for a better result overall achieving the satisfaction that you helped to bring solution.

BUSINESS MEDIATION

In today’s rapidly changing business world, the difference between success and failure is often a function of the quality of the relationships within an existing business as wells as between businesses. A trained mediator can assist in resolving with business matters such as:

  • Negotiating an operating and/or partnership agreement
  • Resolving disputes between members of an existing business or practice
  • Renegotiating aspects of an existing ownership and/or partnership agreement
  • Negotiating an amicable dissolution of an existing business arrangement when dissolution is a the desired outcome;
  • Resolving conflicts between businesses
  • Resolving personnel disputes
  • Setting up a new business or professional practice


FAMILY MEDIATION

Courts of law are limited in solving relationship difficulties. A trained mediator can assist in resolving family matters such as:

  • Negotiating parenting responsibilities
  • Resolving time shared with children (custody and visitation)
  • Settling disputes as to division of property
  • Negotiating children’s activities and financial support
  • Resolving disagreements between parents and child
  • Resolving issues in anticipation of separation and Property Settlement Agreements
  • Pre-nuptial Agreements for who are planning to marry and need to make financial and other arrangements in advance
  • Reconciliation Agreements between parties to govern rights and obligations during the reconciliation and afterwards, if the reconciliation is not successful
  • Negotiating Cohabitation Agreements between couples who plan to share a common home and need to resolve financial and other issues
  • Resolving post divorce disputes
  • Parents and their children who are experiencing conflicts which are appropriate for mediation


ELDER MEDIATION

Elder mediation is a relatively new discipline within the field which provides a tool to help elders and others in their lives as they progress through the difficult decisions that impact their quality of life. The elder participates to the fullest extent possible, with or without a representative, with the benefit of maintaining his or her dignity and autonomy, while providing a voice in the decisions impacting his or her life. A trained mediator can assist with issues that arise with elders such as:

  • Negotiating financial management of elder, including who has the authority to enter into contracts, pay bills, invest assets, and perform other financial functions
  • Resolving disputes of housing and living arrangements between elder and loved ones
  • Negotiating healthcare and care giving plans as well as Medical Treatment
  • Resolving end-of-life decisions
  • Assisting to resolve difficulties with ongoing relationships (spouse, children, care giver) or past issues which have resulted in fractionalized family
  • Setting up parameters of social activities and safety
  • Estate Planning & Probate Matters

 

WORKING WITH CRIS CARTER LAW

Knowledge: Extensive background and training in conflict resolution and mediation as well as in the legal process and relevant laws.

Experience: Operated more than 25 years of combined experience in business, law, mediation and conflict resolution.

Convenience: Daytime, evening and weekend appointments are available with office locations in southern and northern El Paso County.

Dedication: Devoted to mutually beneficial resolutions.

1. Mediation Research & Education Project, Inc. (as reference in table)