DISPUTE RESOLUTIONDISPUTE RESOLUTION

Collie Edgar NormanCollie Edgar Norman

Interim Program DirectorInterim Program Director

Office of Dispute ResolutionOffice of Dispute Resolution

EXAMINATIONEXAMINATION

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What are we going to talk What are we going to talk about?about?

•WHY?

•WHAT?

•WHICH?

•WHEN?

•HOW?

WHYWHY

•750,000 cases

•< 5%

•< 1% Civil

What isWhat isDispute Resolution?Dispute Resolution?

Dispute Resolution ActDispute Resolution Act§ 13-22-301 § 13-22-301 et seq.et seq.

• Any Court of Record

• Any Case

• Mediation Services

• Dispute Resolution Programs

• Ancillary Forms of Alternative Dispute Resolution

Dispute Resolution: Many Different Roads

FORMS OF DISPUTE FORMS OF DISPUTE RESOLUTIONRESOLUTION

• Mediation

• Settlement Conference

• Arbitration

• Med-arb

• Early Neutral Evaluation

FORMS OF DISPUTE FORMS OF DISPUTE RESOLUTIONRESOLUTION

• Fact Finding

• Mini-trial

• Special Master

• Summary Jury Trial

• Multi-door Courthouse

MediationMediation• Intervention

• Dispute Negotiations

• Trained

• Neutral

• Third Party

• Assist

• Own Solutions

Settlement ConferenceSettlement Conference• Informal Assessment and Negotiation

Session

• Legal professional

• Hears both sides

• May advise

• Law and Precedent

• May suggest settlement

ArbitrationArbitration

• One or More Neutral Third Parties

• Decision

• Based on Evidence and Testimony

Med-ArbMed-Arb

• Mediation

• Settlement Failed

• Same Neutral Third Party

• Arbitrator

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

Fact FindingFact Finding

• Investigation

• Public or Private Body

• Examines Issues and Facts

• May or May Not Recommend

• Settlement Procedures

Mini-TrialMini-Trial

• Structured Settlement Process

• Principles Meet at Hearing

• Neutral Advisor

• Merits Presented

• Settlement Discussions

Special MasterSpecial 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

Summary Jury TrialSummary Jury Trial

• Summary Presentations

• Complex Case

• Jury

• May or May Not Be Binding

Multi-Door CourthouseMulti-Door Courthouse

• Parties Select

• Any Combination

• Problem Solving Methods

• Effective Resolution

Case Screening: Case Screening: Which Cases to Refer to ADRWhich 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

Case Screening: Case Screening: Which Cases Not to Refer to ADRWhich 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

Timing of referrals to ADR:Timing of referrals to ADR:OptionsOptions

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)

Timing of referrals to ADR:Timing of referrals to ADR:ConsiderationsConsiderations

• Benefits of Early Referral:Increased possibility

of resolutionEarlier resolutionMore savings for

parties and the courtParties may be less

positional

• Benefits of Later Referral:More information availableMore time for parties to

settle without 3rd party intervention

Parties may be more motivated

Parties may be less emotional

WHY?WHY?Case Management BenefitsCase 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

WHY?WHY?Additional BenefitsAdditional Benefits

High party satisfactionIncreased satisfaction with the justice

systemHigh or higher quality resolutionsPreservation of relationshipsMore effective communicationClosure

CASE ASSESSMENTCASE ASSESSMENT

• Refer to ADR?

• Why?

• Which?

• When?

• How?

DISPUTE RESOLUTIONDISPUTE RESOLUTION

Collie Edgar NormanCollie Edgar Norman

Interim Program DirectorInterim Program Director

Office of Dispute ResolutionOffice of Dispute Resolution

For More Information, visit

www.ColoradoODR.org