Cost-Effective Mediation and Arbitration Services that are Simple, Flexible, Fast, and Fair

Mark Cohen is widely recognized as one of Colorado’s best attorneys in real estate and contract disputes, including easement disputes, boundary disputes, nondisclosure litigation, and contract litigation. Relying on his extensive experience in these areas in forty years of practicing law, Mr. Cohen offers cost-effective mediation and arbitration services.

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The Evolution and Cost of Mediation and Arbitration Services

The popularity of mediation and arbitration has grown in recent years, but those offering these services often fall into two categories. First, there are the well-known ADR firms that employ retired judges. On par with these are the national organizations, such as the American Arbitration Association. These services may be appropriate for some disputes, but these organizations often charge $500 or more per hour, and in some cases also charge administrative fees.

Sometimes the arbitration rules these organizations employ are as cumbersome as the rules that would apply in the litigation that the parties hoped to avoid when they agreed to arbitrate. On the other end of the spectrum are the online dispute resolution services. Some promise to decide complex disputes for a few hundred dollars.

Mark Cohen offers a third alternative.

Mr. Cohen serves as a mediator or arbitrator or mediator only by agreement of the parties and only in certain types of disputes. Mark offers a flexible approach, providing services in person or entirely online. When serving as an arbitrator, Mark strives to give the parties the opportunity to structure the arbitration using rules they believe are appropriate to the dispute.

See Mark's expert accomplishments & profile.

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Experienced Legal Professional with Diverse Background in Law and Education

Mr. Cohen has served as an Air Force Judge Advocate, a Special Assistant U.S. Attorney, a prosecutor, and a municipal judge. He served on the Board of Directors of the Colorado Municipal League and served six years on the Board of Editors of The Colorado Lawyer, including one as chairperson.

He authored six articles in the American Jurisprudence Proof of Facts series, including one on piercing the corporate veil. He has tried more than 100 civil and criminal cases to a jury. He studied logic at the graduate level and is a member of the Institute of General Semantics. He lectures frequently on real estate and contract law topics.Read Mark's Bio.

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More About Mediation and Arbitration

SAMPLE ARBITRATION CLAUSE (without requirement of mediation first)

To minimize the cost of resolving any disputes, and to expedite the resolution of any disputes, the parties agree that any dispute arising out of this agreement shall be resolved through binding arbitration. The arbitrator shall be Mark Cohen, J.D., LL.M. Mr. Cohen will generally allow the parties to formulate their own arbitration rules, but if the parties cannot agree, Mr. Cohen will develop rules appropriate to the dispute.

Unless otherwise specified in this agreement, the arbitrator may allocate all or part of the costs of arbitration, including the arbitrator’s fees and the costs and attorney’s fees of the prevailing party, if the arbitrator determines that there is a prevailing party.

The Difference Between Mediation and Arbitration

Mediation is a non-binding process in which Mr. Cohen attempts to help the parties resolve their dispute by using his experience and legal knowledge to identity the factual and legal issues, how those might play out in litigation, and the risks the parties may face if they are unable to resolve their dispute. As a mediator, Mr. Cohen cannot force the parties to agree to anything.

Arbitration, on the other hand, is a binding process in which Mr. Cohen essentially serves as a private judge. In Arbitration, Mr. Cohen would conduct a hearing – similar to a trial – and render a binding decision. When Mr. Cohen makes a decision in an arbitration, all parties receive a well-written arbitration award explaining his findings and conclusions. The prevailing party may register and enforce the award in any court with jurisdiction.

SAMPLE ARBITRATION CLAUSE (with requirement of mediation first)

To minimize the cost of resolving any disputes, and to expedite the resolution of any disputes, the parties agree that any dispute arising out of this agreement shall first be submitted to non-binding mediation facilitated by Mark Cohen, J.D., LL.M., with each party to pay 1/2 the costs of mediation. If the mediation is not successful, the dispute shall be resolved through binding arbitration using Mr. Cohen as the arbitrator.

In arbitration, Mr. Cohen will generally allow the parties to formulate their own arbitration rules, but if the parties cannot agree, Mr. Cohen will develop rules appropriate to the dispute. Unless otherwise specified in this agreement, the arbitrator may allocate all or part of the costs of arbitration, including the arbitrator’s fees and the costs and attorney’s fees of the prevailing party, if the arbitrator determines that there is a prevailing party.

Mr. Cohen provides arbitration and mediation services in real estate and contract disputes throughout Colorado and in other jurisdictions by agreement of the parties.