DISPUTE RESOLUTION

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DISPUTE RESOLUTION

• Collie Edgar Norman
• Interim Program Director
• Office of Dispute Resolution

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EXAMINATION

• countdown

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What are we going to talk about?

• WHEN?
• HOW?

• WHY?
• WHAT?
• WHICH?

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WHY

• 750,000 cases
• lt 5
• lt 1 Civil

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What isDispute Resolution?
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Dispute Resolution Act 13-22-301 et seq.

• Any Court of Record
• Any Case
• Mediation Services
• Dispute Resolution Programs
• Ancillary Forms of Alternative Dispute Resolution

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Dispute Resolution Many Different Roads
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FORMS OF DISPUTE RESOLUTION

• Mediation
• Settlement Conference
• Arbitration
• Med-arb
• Early Neutral Evaluation

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FORMS OF DISPUTE RESOLUTION

• Fact Finding
• Mini-trial
• Special Master
• Summary Jury Trial
• Multi-door Courthouse

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Mediation

• Intervention
• Dispute Negotiations
• Trained
• Neutral
• Third Party
• Assist
• Own Solutions

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Settlement Conference

• Informal Assessment and Negotiation Session
• Legal professional
• Hears both sides
• May advise
• Law and Precedent
• May suggest settlement

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Arbitration

• One or More Neutral Third Parties
• Decision
• Based on Evidence and Testimony

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Med-Arb

• Mediation
• Settlement Failed
• Same Neutral Third Party
• Arbitrator

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Early Neutral Evaluation

• Early Intervention
• Court Appointed Evaluator
• Narrow, Eliminate and Simplify Issues
• Assist in Case Planning and Management
• Settlement May Occur

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Fact Finding

• Investigation
• Public or Private Body
• Examines Issues and Facts
• May or May Not Recommend
• Settlement Procedures

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Mini-Trial

• Structured Settlement Process
• Principles Meet at Hearing
• Neutral Advisor
• Merits Presented
• Settlement Discussions

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Special Master

• Court-Appointed
• Magistrate, Auditor or Examiner
• Court Order Defines Scope
• Regulate Proceedings and Hearings
• Do All Acts Take All Measures
• Compliance with Courts Order

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Summary Jury Trial

• Summary Presentations
• Complex Case
• Jury
• May or May Not Be Binding

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Multi-Door Courthouse

• Parties Select
• Any Combination
• Problem Solving Methods
• Effective Resolution

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Case Screening Which Cases to Refer to ADR

• Need SPEEDY Resolution
• Need LESS COSTLY Process
• Need PERSONALIZED OUTCOMES
• Neutral 3rd PARTY INPUT helpful
• RELATIONSHIP is on-going

• Potential for INTEGRATIVE SOLUTIONS
• NON-LEGAL ISSUES
• Court Decision WILL NOT RESOLVE Issues
• Need to PREVENT FUTURE DISPUTES
• PARTIES WILLING to try non-traditional approach

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Case Screening Which Cases Not to Refer to ADR

• CAUTION - Maybe Not
• Need CONSISTENT outcomes
• Need full PUBLIC RECORD
• Significant GOVERNMENT POLICY
• Outcome affects PERSONS NOT AT PROCEEDING
• DOMESTIC VIOLENCE

• DO NOT SEND
• Ø Need to set a PRECEDENT
• Ø DOMESTIC VIOLENCE and Party(ies) UNWILLING

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Timing of referrals to ADROptions

• Front end
• Early in the case, e.g.
• Within 120 days of case at issue (civil)
• At 30 days (dom rel)
• At case management conference
• Referral by FCF
• Order by judge or magistrate

• Back end
• E.g. 80 days before trial (civil)

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Timing of referrals to ADRConsiderations

• Benefits of Early Referral
• Increased possibility of resolution
• Earlier resolution
• More savings for parties and the court
• Parties may be less positional

• Benefits of Later Referral
• More information available
• More time for parties to settle without 3rd party
  intervention
• Parties may be more motivated
• Parties may be less emotional

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WHY?Case Management Benefits

• Faster resolution
• More stipulations
• Fewer motions
• Fewer continuances
• Less court trial/hearing time
• Fewer post-judgment/post-decree filings
• Higher compliance rates
• More predictable dockets

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WHY?Additional Benefits

• High party satisfaction
• Increased satisfaction with the justice system
• High or higher quality resolutions
• Preservation of relationships
• More effective communication
• Closure

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CASE ASSESSMENT

• Refer to ADR?
• Why?
• Which?
• When?
• How?

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DISPUTE RESOLUTION
For More Information, visit www.ColoradoODR.org

• Collie Edgar Norman
• Interim Program Director
• Office of Dispute Resolution