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Colorado Arbitrators / Online Arbitration / Internet Arbitration / e-Arbitration
Cost-Effective Arbitration that is Simple, Flexible, Fast, and Fair

Jump to Free Sample Arbitration Clauses

The popularity of arbitration has grown in recent years, but arbitration 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 arbitration organizations, such as the American Arbitration Association, that offer the parties a chance to choose an arbitrator from a list.  This method of arbitration is appropriate for some disputes, but these organizations charge as much as $500 per hour for the arbitrator's services, plus 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 arbitration services or Internet arbitration services.  Some promise to decide complex disputes for a few hundred dollars.  The parties do receive a binding arbitration decision, but the decision may have been rendered by someone with no training in law and/or by someone who was unable to study the materials the parties submitted online because this type of online arbitration often depends on a high volume of disputes to compensate for the very low cost.    

Mark Cohen offers a third alternative. Mr. Cohen serves as an arbitrator only by agreement of the parties and only in certain types of disputes.  Mr. Cohen offers a flexible approach to arbitration, providing services on-site, at a neutral location, or entirely online.  Online arbitration is popular and cost-effective When Mr. Cohen makes a decision in an online arbitration, or in any other arbitration, all parties receive a signed, well-written arbitration award explaining his findings and conclusions.  The prevailing party may register and enforce the award in any court with jurisdiction.  

During 32 years of practicing law, 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 year 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.  One of his passions is the use of plain English rather than Legalese in business and law.  He wrote two mysteries, including one that was a Book Sense® Top Ten Mystery selection. He studied logic at the graduate level and is a member of the Institute of General Semantics. Mr. Cohen's broad experience and his proven writing ability make him uniquely qualified to render thoughtful, well-written decisions in arbitration cases.

Mr. Cohen's Fee's for Arbitration

Mr. Cohen's Arbitration Rules

How to Write a Great Arbitration or Mediation Clause

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.  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.  In the event Mr. Cohen declines to serve as the arbitrator for any reason, the parties authorize him to appoint the arbitrator, and in consideration of his willingness to do so without charge they release him from any liability for doing so. 

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 a mediator selected by the parties, with each party to pay 1/2 the costs of mediation.  If the parties are unable to agree on a mediator, they authorize Mark Cohen, J.D., LL.M. to appoint the mediator, and in consideration of his willingness to do so without charge they release from any liability for doing so.  If the mediation is not successful, the dispute shall be resolved through binding arbitration, and in that event the arbitrator shall be Mark Cohen.  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.  In the event Mr. Cohen declines to serve as the arbitrator for any reason, the parties authorize him to appoint the arbitrator, and in consideration of his willingness to do so without charge they release him from any liability for doing so. If a party fails to participate in mediation, any other party may commence arbitration, and in that event the arbitrator may, in addition to any other relief granted, award actual damages arising from the party's failure to participate in mediation, which shall include costs and attorney's fees incurred by any other party in attempting to arrange mediation.

SAMPLE ONLINE ARBITRATION CLAUSE

Any dispute arising out of this agreement shall be resolved through binding arbitration provided by Mark Cohen, J.D., LL.M.  Unless all parties agree otherwise in writing, the arbitration shall be conducted entirely online using technology that may include emails and Skype.  

We provide provide arbitration services throughout the United States, including Colorado, Wyoming, New Mexico, Montana, Idaho, Utah, Arizona, Nevada, Washington, Oregon, California, Nebraska, North Dakota, South Dakota, Kansas, Oklahoma, and Texas. In Colorado, RMAS serves provides arbitration services in Denver, Boulder, Colorado Springs, Fort Collins, Greeley, and Fort Collins, and in Adams County, Arapahoe County, Douglas County, Eagle County, Grand County, Jefferson County, Larimer County, Summit County, and Weld County, and throughout the state. Business Arbitration. Real Estate Arbitration. Intellectual Property Arbitration. We also provide online arbitration, including Colorado online arbitration.

 


 

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