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DISPUTE RESOLUTION

DISPUTE RESOLUTION. Collie Edgar Norman Interim Program Director Office of Dispute Resolution. EXAMINATION. countdown. What are we going to talk about?. WHY? WHAT? WHICH?. WHEN? HOW?. WHY. 750,000 cases < 5% < 1% Civil. What is Dispute Resolution?.

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DISPUTE RESOLUTION

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  1. DISPUTE RESOLUTION Collie Edgar Norman Interim Program Director Office of Dispute Resolution

  2. EXAMINATION • countdown

  3. What are we going to talk about? • WHY? • WHAT? • WHICH? • WHEN? • HOW?

  4. WHY • 750,000 cases • < 5% • < 1% Civil

  5. What isDispute Resolution?

  6. 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

  7. Dispute Resolution: Many Different Roads

  8. FORMS OF DISPUTE RESOLUTION • Mediation • Settlement Conference • Arbitration • Med-arb • Early Neutral Evaluation

  9. FORMS OF DISPUTE RESOLUTION • Fact Finding • Mini-trial • Special Master • Summary Jury Trial • Multi-door Courthouse

  10. Mediation • Intervention • Dispute Negotiations • Trained • Neutral • Third Party • Assist • Own Solutions

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

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

  13. Med-Arb • Mediation • Settlement Failed • Same Neutral Third Party • Arbitrator

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

  15. Fact Finding • Investigation • Public or Private Body • Examines Issues and Facts • May or May Not Recommend • Settlement Procedures

  16. Mini-Trial • Structured Settlement Process • Principles Meet at Hearing • Neutral Advisor • Merits Presented • Settlement Discussions

  17. Special Master • Court-Appointed • Magistrate, Auditor or Examiner • Court Order Defines Scope • Regulate Proceedings and Hearings • Do All Acts – Take All Measures • Compliance with Court’s Order

  18. Summary Jury Trial • Summary Presentations • Complex Case • Jury • May or May Not Be Binding

  19. Multi-Door Courthouse • Parties Select • Any Combination • Problem Solving Methods • Effective Resolution

  20. 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 Case Screening: Which Cases to Refer to ADR

  21. 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 Case Screening: Which Cases Not to Refer to ADR

  22. Timing of referrals to ADR:Options 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)

  23. Timing of referrals to ADR:Considerations • 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

  24. 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

  25. WHY?Additional Benefits • High party satisfaction • Increased satisfaction with the justice system • High or higher quality resolutions • Preservation of relationships • More effective communication • Closure

  26. CASE ASSESSMENT • Refer to ADR? • Why? • Which? • When? • How?

  27. DISPUTE RESOLUTION For More Information, visit www.ColoradoODR.org Collie Edgar Norman Interim Program Director Office of Dispute Resolution

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