Alternative Dispute Resolution (ADR)
by Frie, Arndt & DanbornAccess to ADR Techniques
The use of ADR techniques may be initiated by the parties or ordered by the Court. Court-ordered ADR is available in both state and federal courts. The Dispute Resolution Act, C.R.S. §13-22-301 et seq., establishes the Office of Dispute Resolution and grants authority to Colorado courts of record to refer a case to any ancillary form of ADR. Pursuant to The Civil Justice Reform Act of 1990, the Federal District Court must consider the possibility of referring appropriate cases to ADR programs. The U.S. Court of Appeals for the Tenth Judicial Circuit has implemented a Pre-argument Conference Program which provides mediation services for selected cases prior to the time when briefs must be filed. Parties may request that their case be referred to this program, or the Court may order it.
However, parties do not have to wait for the issuance of a court order to participate in ADR. The use of ADR techniques may be provided for by prior contractual agreement or by mutual, post-dispute agreement.
The Colorado Pledge is an example of pre-dispute planning by Colorado corporations. Sponsored by the Colorado Bar Association, the Colorado Association of Commerce and Industry, the National Federation of Independent Businesses and the Colorado Society of Certified Public Accountants, corporate signers agree to explore ADR methods before pursuing full-scale litigation.
Once a dispute arises, the parties may voluntarily agree to use an ADR technique. If there is no agreement, a party may ask the court to order ADR, or the court may do so on its own motion.
Our firm attempts to utilize Alternative Dispute Resolution in each case in which it would benefit the client. Additionally, Jim Arndt is a private mediator and acts as a neutral third party to resolve disputes out of court. Please give our office a call to assist you with your legal problems.
This is an excerpt from an article published by the Colorado Bar Association, 2002. https://www.cobar.org/index.cfm/ID/211/subID/1244/CAAD/Manual-on-Alternative-Dispute-Resolution/
