Colorado § 13-22-313 - Judicial referral to ancillary forms of alternative dispute resolution.

§ 13-22-313. Judicial referral to ancillary forms of alternative dispute resolution.

(1) Any court of record, in its discretion, may refer a case to any ancillary form of alternative dispute resolution; except that the court shall not refer the case to any ancillary form of alternative dispute resolution where one of the parties claims that it has been the victim of physical or psychological abuse by the other party and states that it is thereby unwilling to enter into ancillary forms of alternative dispute resolution. In addition, the court may exempt from referral any case in which a party files with the court, within five days of a referral order, a motion objecting to ancillary forms of alternative dispute resolution and demonstrating compelling reasons why ancillary forms of alternative dispute resolution should not be ordered. Compelling reasons may include, but are not limited to, that the costs of ancillary forms of alternative dispute resolution would be higher than the requested relief and previous attempts to resolve the issues were not successful. Such forms of alternative dispute resolution may include, but are not limited to: arbitration, early neutral evaluation, med-arb, mini-trial, multi-door courthouse concepts, settlement conference, special master, summary jury trial, or any other form of alternative dispute resolution which the court deems to be an effective method for resolving the dispute in question. Parties and counsel are encouraged to seek the most appropriate forum for the resolution of their dispute. Judges may provide guidance or suggest an appropriate forum. However, nothing in this section shall impinge upon the right of parties to have their dispute tried in a court of law, including trial by jury.

(2) Ancillary programs may be established, made available, and promoted in any judicial district or combination of districts as designated by the chief judge of the affected district. Rules and regulations for ancillary forms of alternative dispute resolution shall be promulgated by the director of the office of dispute resolution.

(3) All rules, regulations, and procedures established pursuant to this section shall be subject to the approval of the chief justice.

(4) Nothing in this section shall preclude any court from making a referral to mediation services provided for in this article.

(5) All referrals under this section shall be made subject to the availability of alternative dispute resolution programs. Parties referred to ancillary forms of alternative dispute resolution may select services offered by the office of dispute resolution or by other individuals or organizations.

(6) This section shall not apply in any civil action where injunctive or similar equitable relief is the only remedy sought.

Source: L. 92: Entire section added, p. 300, § 5, effective June 2.

Cross references: For the legislative declaration contained in the 1992 act enacting this section, see section 1 of chapter 66, Session Laws of Colorado 1992.

ANNOTATION

This section and § 14-10-128.1 are in conflict and cannot be harmonized with respect to the standards for the appointment of a parenting coordinator if abuse by one parent is alleged by the other. Although this section bars the court from referring a case to any ancillary form of alternative dispute resolution if one of the parties claims abuse by the other party, under § 14-10-128.1, a mere claim of abuse by one parent is insufficient to bar the appointment of a parenting coordinator. Even documented evidence of domestic violence does not automatically bar such an appointment. Rather, the court is required only to consider the effect of the evidence on the parties' ability to engage in parenting coordination. In re Rozzi, 190 P.3d 815 (Colo. App. 2008).

PART 4

MANDATORY ARBITRATION - CIVIL ACTIONS

13-22-401 to 13-22-411. (Repealed)

Editor's note: (1) This part 4 was added in 1987. For amendments to this part 4 prior to its repeal in 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

(2) Section 13-22-411 provided for the repeal of this part 4, effective July 1, 1991. (See L. 90, p. 875.)

PART 5

COLORADO INTERNATIONAL DISPUTE RESOLUTION ACT