Standards of Practice

CoMA ADR Standards of Practice

ADR Professionalism is the demonstration of impressive competence in the skill level of the mediator or arbitrator.  Lack of certification in Colorado (and many other states) allows for significant latitude and inconsistent delivery of ADR services.   CoMA is committed to providing the highest caliber of service and to maintaining the traditional ADR benefits that are not available through litigation.  

ADR Professional  Core Values

• AFFORDABILITY:  ADR should be affordable and accessible to the majority of people.  CoMA is committed to cost-containment, offering administrative fees and hourly rates that are on par or below other national forums.  CoMA welcomes all parties to mediation and arbitration whether represented by attorneys or pro se.  CoMA and its Panel Members recognize that the lack of legal counsel  presents its own challenges to case administrators and ADR providers alike. 
• INFORMALITY:  ADR offers enhanced opportunity and latitude for wisdom to prevail over what the strict interpretation of the law may otherwise provide.  ADR provides a process for equity and common sense to prevail.   CoMA strives to accommodate all parties, whether represented by legal counsel or pro se; however, it is not the duty of ADR professionals to assist pro se parties in presenting their case; nor to provide legal advice to parties, nor to research case law that is not presented by the parties in the proceedings.  
• EXPEDIENCY:  Parties to a conflict experience significant stress and upheaval.  Often there are emotional and financial repercussions that have devastating affects when conflict lingers unresolved.  CoMA upholds a standard of prompt service.  Arbitrators must use wisdom and discernment when exercising their authority in addressing unnecessary delays and maneuvering to stall or thwart the ADR process, facilitating prompt and timely execution of each step necessary to bring a matter to hearing and then to conclusion.  Compression of total time from commencement to conclusion of a matter should be pronounced in arbitration as opposed to litigation proceedings.

Professional Standards for Mediators

1. The primary goal of mediation is to bring parties to resolution through voluntary agreement. 
2. Mediators do not have authority to compel parties to agree; Mediators should not represent to the parties that agreement is guaranteed.
3. Mediators do not advocate for one party over the other.  They maintain a neutral position throughout the process.  If the mediator finds that they are unable to be neutral, they must disclose their bias or conflict of interest to the parties.  Disclosure is an ongoing duty.
4. Successful mediators facilitate cases in which they have expertise in the subject matter of the dispute.  This experience allows the mediator to propose options for settlement and to develop these options with the parties for maximum benefit in the final resolution of the matter.
5. MOU’s:  When parties agree in mediation, a Memorandum of Understanding, also known as MOU, is drafted which details the terms and conditions of settlement.  If attorneys are present, they generally write the MOU for the parties to sign.  When parties attend mediation pro se, the mediator may act as a scribe for the parties to reduce specific agreements achieved in mediation to writing.  The parties shall be present, either in person or via teleconference, during the drafting of the terms and conditions of the agreement to prevent the unauthorized practice of law. Mediation may result in parties coming to partial agreements, relying upon the jurisdiction of the court for outstanding issues.  Attorney mediators shall not practice law in the undertaking of writing comprehensive agreements on behalf of the parties separate from the actual agreements formed in mediation.  The quality, completeness, and enforcements of such agreements shall be directed by and the responsibility of the parties.
6. Legal Review: Pro se parties are encouraged to include a Legal Review provision in the MOU which states that (a) they attended mediation pro se; (b) that the signed agreement is subject to their respective attorneys' review; (c) that only those provisions that are legally inadvisable shall be renegotiated in mediation with the same mediator within a specified timeframe; (d) that such objections shall be in written form by the objecting party's attorney and sent to the other party  with proof of delivery or proof of attempted delivery, (e) and that objections to the signed agreement by one of the parties shall not bar enforcement of that agreement unless those objections are fully supported by the written and signed statement of their attorney.
7. CoMA Mediators are required to have access to a computer and printer in each mediation session to record agreements, when reached.

Professional Standards for Arbitrators

1. Arbitration is administrated by various organizations to prevent ex parte (private) communications between the arbitrator and the parties, which could influence the arbitrator and compromise neutrality. 
2. Arbitrators must be neutral, having no stake in the outcome nor an overt bias for either side of the dispute.  Arbitrators must disclose any conflict of interest; disclosure is an ongoing duty.
3. Arbitrators accept responsibility to settle a matter by providing a full and fair hearing to the parties and rendering a decision that is binding.  Management of all aspects of the arbitration requires wisdom and common sense.
4. Arbitrators do not have a duty to research the law independently of what is presented by the parties.  Arbitrators must not show a manifest disregard for the law that is presented by the parties.
5. Arbitrators must not over step their authority by ruling on matters that have not been submitted for a decision.
6. When conducting arbitration for pro se parties, it is not an arbitrator’s duty to assist the pro se party in presenting their case; however, procedural clarifications, patience and respect are expected standards for CoMA Arbitrators.   Arbitrators may elect not to work with pro se parties for whatever reason.  It is the arbitrator’s duty to notify CoMA’s case administrator so that they are only proposed to parties who are represented by legal counsel.

Med-Arbitration Conversions

1. CoMA Panel Members facilitating med-arbitration adhere to the same duties of neutrality and disclosure as in other ADR processes.
2. Med-Arbitrators do not have ex parte communications with parties at any time during the tenure of the case.  All discussions during mediation may be taken into consideration by the med-arbitrator when deliberating and deciding a matter.
3. CoMA’s med-arbitrator facilitates the case from beginning to end in one contiguously scheduled session.

Communication between Panel Members, Case Administrators, and Clients

1. Each Panel Member agrees to promptly communicate the status of their assigned cases with CoMA’s Case Administrator, including the status of the case, billable hours in session and anticipated work between or at the conclusion of sessions / hearings, and causes for delays in bringing cases to conclusion.  These communications may be via email or phone on the same day or next business day if after business hours.
2. CoMA shall keep parties informed as to the billable hours expended or the time the ADR provider anticipates at each stage of the case.