Crosby, LLC

Christian Mediation / Arbitration Services for Out-of-Court Dispute Resolution

1.970.424.1305 
westmediation@gmail.com



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What is Mediation?

Mediation is the negotiation process between conflicted parties that leads to a mutually acceptable out of court compromise.  The process itself is conducted face to face.  Each party is given an opportunity to explain the facts, events and situation from their own perspective. The mediator acts as the facilitator to move the parties towards common ground through suggestions and questions designed to stimulate the negotiation process. Successful mediations will resolve themselves and culminate in an agreement signed by both parties reflecting an acceptable compromise.  However, there are situations that do end up at impasse, where the parties are unwilling to negotiate further.  In these situations a court case may be the only solution.



Why Christian Mediation?

The advantages of Christian Mediation are many:

Primarily
, Christian Mediation leads to a more amicable resolution, placing emphasis on the heart and spirit, and the parties' relationship to God and to each other. Christian Mediation makes certain the best spiritual and heart interest of any children involved are considered, along with their physical well being. Christian Mediation is founded on faith in the Holy Spirit and an uncompromising belief in the power of prayer. 

Second, is cost savings. The average legal proceeding, including court costs, legal fees, and supplemental costs, may be well over $50,000.00 per party. The cost of mediation is generally less that $2,500.00 per party.

Third, in mediation, there is little public record, so the parties may keep their privacy. By contrast, the parties in a court proceeding, and their confidential information, becomes public record through a court proceeding.

Fourth, the average time for a complicated legal proceeding to make its way through the court system may be  over 1 1/2 years.  A mediation process is usually over in a few days of mediation, some within a few hours.

Fifth, in private mediation the rules of evidence and legal proceeding are practically non-existent and therefore quite simple.  In court these rules can be very stringent and frustrating. Mediation is, therefore, far less cumbersome and complicated.



How Mediation Works at West Mediation:

West Mediation follows the Alternative Dispute Resolution Guidelines and

the Model Standards of Conduct for Mediators

West Mediation Functions as a Team Mediation System 
Best for Divorce, Family Law, Custody, Church Disputes and Family Estate Matters,

or Single Mediator System
Best  for Real Estate, Landlord Tenant, Personal Injury, Property Damage, Business, Employment & Contracts:


For Team Mediation: Mr. Stanko addresses the therapeutic aspects of the Mediation Process,

Dr. Crosby offers, upon request and or ancillary to the Mediation, his expertise in identifying and evaluating legal alternatives, making observations which are an obvious matter of fact or logic, and may give feedback from the perspective of how the mediator would react if he were a juror hearing this information, and will ask questions to reality-test a party's expectations and understanding of the best alternative to a negotiated agreement.

For Single Mediation: Dr. Crosby functions as sole mediator as above.



The Details:

Team Mediation
(Mr. Stanko & Dr. Crosby)

Best for Divorce, Family Law, Custody and Family Estate Matters, Church Disputes

The first step is a consultation to determain if your dispute is suitable for mediation. 
This is about an hour office time.

The next step are agreeable parties.  All parties must agree in writing to submit to the mediation process.  Each party pays a $1000 standard fee that will begin the process and pays for the first 3 hours of mediation
(all fees are non-prorated and non-refundable).
(West Mediation requires a valid credit card on file for each party as a deposit against fees and costs. Visa/MC/Discover Accepted)
West Mediation encourages parties to have attorney representation at all mediation sessions. 


Next, a suitable time and place will be selected by the parties for the mediation process. 
The site should be convenient for both parties. 
The parties will divide and pay any costs incurred by West Mediation,
(travel, meals, and/or lodging costs incurred by West Mediation + 10% service charge).


At the mediation, both parties will then begin the process by presenting their side of the conflict. 
Negotiations will then follow for 3 hrs. The mediators may require the parties to "caucus" in separate rooms as neccesary, with the mediators acting as negotiator/mediators for the parties' offers and counter offers. If at any point the parties or the mediators feel the negotiations are at impasse the mediation can be terminated. 

Option 1: If the process exceeds 3 hrs, (9 AM to Noon, or 2 PM to 5 PM) the process will begin the next period or day at 9 AM at a fee of  $300/hr per party (Team Mediators),
plus any additional costs to West Mediation (as above) which will be divided and paid by the parties.

Option2: If the process exceeds 3 hrs the process will begin the in two weeks at
at a fee of  $300/hr per party (Team Mediators),
plus any additional costs to West Mediation (as above) which will be divided and paid by the parties.


Single Mediator Mediation
(Dr. Crosby)

Best for Real Estate, Landlord Tenant, Personnel Injury, Property Damage, Neighborhood Disputes,
Business, Employment, & Contracts

The first step is a consultation to determine if your dispute is suitable for mediation.  This is about an hour office time and the one time fee is $200.

Again, the next step are agreeable parties.  All parties must agree in writing to submit to the mediation process.  Each party pays a $1000 standard fee that will begin the process and pays for the first 6 hours of mediation
(all fees are non-prorated and non-refundable).
(West Mediation requires a valid credit card on file for each party as a deposit against fees and costs. Visa/MC/Discover Accepted)
West Mediation encourages parties to have attorney representation at all mediation sessions. 


Next, a suitable time and place will be selected by the parties for the mediation process. 
The site should be  convenient for both parties.
If the location is not at the West Mediation site in Montrose, Colorado, the parties will divide and pay any costs incurred by West Mediation,
(travel, meals, and/or lodging costs incurred by West Mediation + 10% service charge).


At the mediation, both parties will then begin the process by presenting their side of the conflict. 
Negotiations will then follow for 6 hrs. The mediators may require the parties to "caucus" in separate rooms as neccesary, with the mediator acting as negotiator/mediator for the parties' offers and counter offers. If at any point the parties or the mediator feel the negotiations are at impasse the mediation can be terminated. 

If the process exceeds 6 hrs, (9 AM to Noon,  2 PM to 5 PM) the process will begin the next 
 day at 9 AM at a fee of  $150/hr per party
plus any additional costs to West Mediation (as above) which will be divided and paid by the parties.

Best efforts will be made by West Mediation to facilitate a compromise agreement, however,

results are entirely up to the parties.  When a compromise settlement is achieved, the parties will be bound by a memorandum agreement reduced to writing and signed by the parties, and enforcable by any court of competant jurisdiction.  Documents in divorce matters must be filed with a court of record to be effective.
If a compromise agreement cannot be achieved, and the parties arrive at a unbreakable impasse, the best option may be court proceedings. 
However, the mediation process will have made an effort to avoid that outcome.



If Christian mediation seems like your best alternative to a
secular, costly, time consuming, public trial

call  1.970.424.1305



to begin the process towards resolving your conflict cheaply, quickly, and privately.

Visa, Mastercard, Discover Accepted



Disclosures:

Be aware
:
1) the primary purpose of West Mediation is to assist parties to reach a mutually acceptable resolution of their dispute;
2) West Mediation cannot, and will not, provide legal advice to either or both parties;
3) any documents used and prepared by West Mediation are to be ancillary to the mediation process and are not intended to constitute legal advice; 4) West Mediation is not obligated to identify or resolve legal issues;
5) the parties’ settlement may be waiving or compromising legal rights; and
6) it is the responsibility of the parties to obtain legal advice if they so choose. 

Be advised: Dr. Crosby is not a lawyer, and does not represent himself as a lawyer. At no point will an Attorney/Client relationship be formed or allowed between a mediation client & Dr. Crosby. 
Dr. Crosby does bring to bear a wealth of experience and education to the mediation process.
Any advice offered by Dr. Crosby is mere personal opinion and only offered upon request and/or ancillary to the negotiation/mediation process by identifying and evaluating alternatives
In addition, Dr. Crosby may make observations which are an obvious matter of fact or logic, may give feedback from the perspective of how the mediator would react if he were a juror hearing this information, and may ask questions to reality-test a party's expectations and understanding of the best alternative to a negotiated agreement.

Colorado

No state requirements for the practice of mediation. Parties may choose any mediator. There are guidelines endorsed by the Colorado Bar Association (CBA) and the Colorado Council of Mediators and Mediator Organizations (CCMO) on mediator training and education. Additionally, there are voluntary Colorado Standards of Conduct for Mediators endorsed by the Office of Dispute Resolution, Colorado Judicial Institute, CBA, ADR Forum Committee, and the Attorney Generals Office, Department of Law.





Links to Mediation Information:


Mediation Now

The Mediation Channel

Beyond Intractability

Definitions from Wikipedia

Mediate: Everything Mediation