ADR and ODR in ADR and ODR in ColoradoColorado

byby

Cynthia A. Savage, Cynthia A. Savage,

ODR DirectorODR Director

AGENDAAGENDA

• What is Alternative Dispute Resolution (“ADR”)?

• Why use ADR?

• ADR in Colorado

• The Office of Dispute Resolution (“ODR”)

Dispute Resolution: Many Different Roads

Negotiation

Mediation

Arbitration

Litigation

Dispute Resolution Continuum

A

V Negotiation Arbitration W

O _____*_______*________*_______*______ A

I Mediation Litigation R

D _______________________

Third party involvement

__________________ _______________

Parties Decide Third party decides

__________________________ ________

Private Public

Why Mediation?Why Mediation?

Cost and time effectiveSaves judicial resourcesHigh quality solutionsPreserves relationshipsPrevents problems from recurringHigh satisfaction

Why Arbitration?Why Arbitration?

• Cost and time effective

• Saves judicial resources

• Decision-maker(s) can have subject matter expertise

• Creature of contract:– Party choice of decision-maker and process

• More informal than trial

MediationMediation and Alternative Dispute Resolution and Alternative Dispute Resolution

In Colorado’s State Courts In Colorado’s State CourtsLegislationLegislation

Colorado Dispute Resolution Act

House Joint Resolution 97-1020

Hundreds of Statutory References

Colorado Dispute Resolution ActColorado Dispute Resolution Act§13-22-301, §13-22-301, et seq. (C.R.S.)et seq. (C.R.S.)

Court authority to refer to mediation or ADR

Exemption from referral Creation of Office of

Dispute Resolution Parties’ choice of

mediator or ADR provider

Confidentiality provided Limitation on mediator

liability Definitions

House Joint Resolution 97-1020House Joint Resolution 97-1020

• Legislature finds: in the public interest that citizens be able to resolve civil disputes without having to resort to litigation; – Much time and money could be saved, – the courts would be more accessible, and – the public would be better served

• Encourages the Judicial Department and the courts to– expand the use of the “Dispute Resolution Act” and – to find and use other techniques and programs to permit and

encourage the resolution of disputes without the necessity for litigation.

Implementation in Trial CourtsImplementation in Trial CourtsSnapshot: FY2007 over10,000 Snapshot: FY2007 over10,000

referralsreferrals

22 Judicial Districts, each different:

• Blanket dom rel mediation orders (10)

• Blanket district court civil ADR orders (9)

• Multi-door courthouses (5)

• Case management conferences

• Individual judge blanket or case specific referrals

TYPES OF CASESTYPES OF CASES REFERRED TO ADR REFERRED TO ADR

FAMILY: DOMESTIC RELATIONS CHILD SUPPORT

ENFORCEMENT DEPENDENCY AND

NEGLECT (Child Welfare) JUVENILE

Paternity (Child Support and Parenting Time)

TruancyDelinquency

PROBATE

CIVIL DISTRICT COURT CIVIL COUNTY COURT SMALL CLAIMS COURT

CRIMINAL MISDEMEANOR FELONY

Mediation and ADRMediation and ADR in Criminal Cases in Criminal Cases

ADR Settlement ConferencesJD4, JD1

Restorative Justice Restoring Victim, Offender, and CommunityExamples

Victim-Offender MediationCommunity Accountability BoardsFamily Group ConferencingHigh-Risk Victim-Offender Dialogue

Implementation in the Colorado Implementation in the Colorado Court of AppealsCourt of Appeals

Civil Settlement Program Administrator: Senior

Judge John Criswell Cases Screened by

Staff Attorney Assigned to senior

appellate judges Scheduling by ODR

• Domestic Relations Mediation Pilot– Administrator: ODR

and COA– Cases Assigned by

COA– Mediation provided by

ODR and private sector

ODR Mission and Statutory AuthorityODR Mission and Statutory Authority

• The Office of Dispute Resolution, created by the Colorado Dispute Resolution Act, sections 13-22-301 et seq. (C.R.S.) in 1983, is a part of the Colorado Judicial Branch, and is charged with establishing and making available dispute resolution services throughout Colorado.

• The courts were encouraged to expand use of the Dispute Resolution Act by HJR 97-1020.

ODR Mission and Statutory AuthorityODR Mission and Statutory Authority

• assisting the courts in designing, implementing, and administering dispute resolution programs;

• consulting with state and local governments;

• providing dispute resolution services;

• providing information to the public;

• collaborating with other individuals and organizations, to increase access to dispute resolution services; and

• providing dispute resolution education and training.

ODR carries out its mission as follows:

ODR Mission and Statutory AuthorityODR Mission and Statutory Authority

ODR’s ultimate goals are:1. To increase access to justice

in the form of affordable, effective, appropriate, and humane methods of dispute resolution;

2. To decrease inappropriate methods of dispute resolution,

including physical and psychological violence; and

3. To provide an alternative to protracted or bitter litigation.

ODR Staff – FY08ODR Staff – FY08

• Central Office (Denver)– Director– Projects Manager– Business Manager– Scheduler– Data

Specialist/Scheduler

• 8 Regional Program Administrators

• JD4– Assistant to the

Program Administrator– 2 Schedulers

• JD18– Scheduler

ADR ProvidersADR Providers

Office of Dispute ResolutionIndependent Contractors from Private Sector

Community Mediation ServicesLimited StaffVolunteers

Private SectorPaid ProfessionalsVolunteers

Mediation and ADR Professionals - QualificationsMediation and ADR Professionals - Qualifications

Statutory Reference to “Trained” Mediator

No State Regulation in Colorado

ODR Policies Voluntary

Recommendations for Mediator Education/ Training and Experience

Colorado Model Standards of Conduct for Mediators

ODR ADR CaseloadODR ADR Caseload

• 1984 – 1985: – 3 volunteer mediators – 54 domestic relations cases from Denver

• FY08: – 55 professional mediators and ADR professionals

(independent contractors)– over 5,000 cases statewide:

• Family• Civil• Criminal

ODR SPECIAL PROJECTSODR SPECIAL PROJECTS

• Access and Visitation Grant (federal)– Indigent/low income

mediation, parenting facilitation, and PC/DM

– CSE pilot projects– Parenting education

training for trainers– Supervised parenting

conference– CFI Training

• Indigent Services– Domestic relations– D & N– Truancy– other

• Mini-Grants for Community Conflict Resolution and Restorative Justice

• ADR Statewide Conference

Evaluation of Mediation and ADR in Evaluation of Mediation and ADR in Colorado’s State CourtsColorado’s State Courts

• Outside Evaluators– Dependency Mediation in Colorado’s Fourth

Judicial District (Colorado Springs)– Dissolution of Marriage in the Tenth Judicial

District (Pueblo)

• Internal Evaluations– ICON (Judicial Computer Network) Statistics– ODR Statistics– ODR Client Surveys– Customized Pilot Project Evaluations