Local Government Guide to Selecting an Alternative Dispute Resolution Professional*
* Adapted from models developed by the Montana Consensus Council and the Ohio Commission on Dispute Resolution and Conflict Management.
Local Government Guide to Alternative Dispute Resolution (ADR)
List of Qualified ADR Professionals
Minimum Qualifications for Admittance to List of Qualified ADR Professionals
Request for Qualifications – Online Form
What Qualifications Does an Alternative Dispute Resolution Professional Need?
Qualifications and experience can vary widely in the field of dispute resolution. In creating the Intergovernmental Land Use Dispute Resolution Program, OSG convened a working group of experts in the fields of alternative dispute resolution and local government land use planning to develop, Minimum Qualifications for Admittance to List of Qualified Alternative Dispute Resolution Professionals. These minimum qualifications detail the experience and training necessary in both dispute resolution and local government land use planning. Additionally, all professionals on the list must also agree to abide by ethical standards and a code of conduct, and to participate in continuing education. Finally, if the dispute resolution professional is an attorney, s/he must also agree to abide by the Colorado Rules of Professional Conduct.
In addition to minimum experience qualifications, local government officials and staff should also look for the following abilities in a dispute resolution professional:
- Ability to listen and understand.
- Ability to communicate clearly and facilitate calm and effective communication among the parties.
- Ability to remain neutral.
- Ability to define and clarify issues.
Sample Interview Questions for Alternative Dispute Resolution Professionals
Experience
- What is your general experience?
- What is your experience with situations like this?
- What is your experience with parties like ours?
- How long did those processes take?
- What types of outcomes were achieved?
Process
- Do you specialize in one approach/model/process?
- Describe what type of process you usually use in these situations?
- What are some things that would not work here?
- Can you describe the particular code of conduct or ethics that you follow?
Roles
- What role would you play and what impact do you want to have on the outcomes here?
- What role do the parties' lawyers play in the mediation?
Substance
- What kind of knowledge do you have about the issues to be discussed?
- If you do not have specific knowledge, how will you get it?
Logistics
- Who will arrange meeting times and locations, prepare agendas, etc.?
- Will the mediator prepare a written agreement or memorandum if the parties reach a resolution?
- What kind of staff will be assisting you?
- What kind of help will you need?
Costs
- How do you charge for your services?
- How would you estimate the costs for this project?
- Are there any other charges associated with the dispute resolution?
- How could costs be kept to a minimum?
Confidentiality
- How do you handle confidentiality?
- Are you willing to sign a confidentiality agreement?
References
- Can you provide references from parties you have worked with previously?
Remember that mediation is a cooperative process, and that cooperation begins with the selection of a mediator.The other parties to the dispute resolution must also agree to work with this person.You may want to suggest two or three acceptable mediators so that all parties can agree on at least one.
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DISCLAIMER
Other than creating, maintaining and promoting the availability of the list of qualified professionals, neither the Office of Smart Growth nor the state Department of Local Affairs will serve as a broker of services, nor will the aforementioned entities endorse, recommend or in any other fashion influence the negotiation for services between qualified professionals and local governments. Local government officials and staff are urged to verify the qualifications and experience of potential dispute resolution professionals during the selection process.
If you have questions regarding the Office of Smart Growth Intergovernmental Land Use Dispute Resolution Program, please contact: Andy Hill, 303.866.3785.