The use of alternative of dispute resolution techniques has become an integral part of the legal system in Colorado. Its presence requires understanding and vigilance by Colorado lawyers. Not only will courts be ordering ADR in a greater number of cases, clients will be requesting it. The use of ADR offers ways to provide creative […]
Arbitration is a process whereby One or more neutral and impartial expert third parties hear and consider the evidence and testimony provided by the disputants and issue a binding or non-binding decision. In arbitration, the parties to a dispute agree to use privately selected decision maker(s) to resolve their case. Arbitration is most frequently accessed via a […]
Med-Arb is a process whereby: -a neutral and impartial third party -facilitates communication between negotiating parties and, -failing settlement, receives evidence and testimony provided by the parties and issues a binding decision. Med-Arb is a hybrid of two very different ADR processes, mediation and arbitration. By selecting a neutral to serve as both mediator and […]
Alternative Dispute Resolution – Summary Jury Trial A summary jury trial is a process whereby -summary presentations in complex cases -are made before a jury empaneled to make findings -which may or may not be binding. The summary jury trial is the only ADR method which provides for case presentation before a jury. Although the […]
ALTERNATIVE DISPUTE RESOLUTION – MINI TRIAL A mini-trial is a process whereby -a neutral and an official with settlement authority from each party -listen to the evidence and conduct settlement negotiations. The mini-trial uses elements of negotiation, mediation and adjudication to facilitate settlement. Parties or their representatives are exposed in the non-binding mini-trial to the […]
Alternative Dispute Resolution Techniques – Early Neutral Evaluation Early Neutral Evaluation is a process whereby an evaluator is appointed by the court or chosen by the parties to intervene in a lawsuit for the purpose of narrowing the issues, assisting in case planning and management and assisting in settlement, if appropriate. Early Neutral Evaluation (“ENE”) is […]
Alternative Dispute Resolution Techniques – Settlement Conference A Settlement Conference is a process whereby: -a neutral and impartial legal professional -hears both sides of the case and conducts an informal assessment and negotiation session -may advise the parties on the law and precedent relating to the dispute and suggest a settlement. Settlement conferences may be held […]
Alternative Dispute Resolution Techniques – Mediation Mediation is a process whereby -a neutral and impartial third party (the mediator) -facilitates communication between negotiating parties which -may enable the parties to reach settlement. Mediation is recommended when the parties’ emotions or positional bargaining have restricted their ability to negotiate with each other, but they do not want […]
Selecting a third-party neutral or provider of ADR services is like choosing any other professional. The person(s) must meet the requirements of the case and of the parties. At a minimum, the neutral cannot favor any of the parties. Furthermore, the neutral must be impartial and may not have a “stake in the outcome of […]
Access 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 […]
“The term Alternative Dispute Resolution (ADR) is an umbrella phrase used to describe problem-solving methods or techniques. Many of these techniques have been used throughout history, but have recently become institutionalized in response to the need for efficient and cost-effective dispute settlement. The United States’ legal system was created as an alternative to violent, self-help […]
This particular article is an attempt to distinguish the various types of formal dispute resolution in use in Colorado. While it is often overlooked, most people resolve their disagreements by talking them through, and using a generous helping of forgiveness and understanding I suppose. You should always start there. If you need formal help resolving […]
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