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The Colorado Judiciary has recognized the benefits of Alternative Dispute Resolution (ADR) as a means of not only providing alternative and neutral problem-solving forums for litigants, but also as a complement to the judicial system. Recently, the mandatory use of ADR has increased due to state budget constraints resulting in greater caseloads for judges and increased administrative costs.
When the judiciary uses ADR, it is assisting the court in a variety of different functions. Court-ordered mediation or arbitration provides ancillary support to the judiciary as a fact finder, as well as providing initial evaluation, case assessment, and stream-lining of issues for trial. Such court-ordered ADR can be in the form of mediation, arbitration, a combination of mediation and arbitration, the appointment of a Special Master (court-ordered magistrate, auditor or examiner), and settlement conferences.
At a court’s discretion, it may order a matter to ADR and require a Certificate of Compliance with ADR before setting a matter for trial. Under C.R.S. § 13-22-311, a party has the right to object to such mediation by motion and setting forth compelling grounds, such as physical or psychological abuse, prohibitive costs, and failed previous attempts to resolve matters. Finally, it should be noted that where injunctive relief is sought in the complaint, ADR may not be a viable alternative to resolution of issues by a court.
In light of the above, in our experience, litigants unfortunately do not fully realize the benefits of ADR as an effective means to resolve disputes under Colorado's judicial system. By employing Schunk & Dunn as a neutral third-party mediator/arbitrator, you are engaging attorneys with over 25 years of combined experience as litigators, actively practicing in fields of law such as domestic relations, construction defects, landlord/tenant, real estate contracts, general business and commercial litigation, and collections work. This court-room experience and in-depth of knowledge of these fields allows a more effective and impartial assessment of the merits of your case as well as possibly a resolution to a number or all of your issues slated for trial. Such practical assessments ultimately save costs, aggravation, and avoid the uncertainty of trial.
As a result-oriented firm, we focus on the objectives of the parties and of ADR with a balanced, well-reasoned, founded-in-law approach.
Call the Law Offices of Schunk & Dunn, LLC, immediately to schedule a FREE half-hour initial consultation.
Law Offices of Schunk & Dunn, LLC
Attorneys and Counselors at Law
808 South Public Road, Suite 202
Lafayette, CO 80026
Telephone: (303) 939-9790
Facsimile: (303) 939-9792
Email: Contact Us
The Law Offices of Schunk & Dunn, LLC represents clients in Boulder, Arapahoe, Jefferson, Denver City, La Plata, Grand, El Paso, Pueblo, and Denver counties, including residents of the University of Colorado, Boulder, Longmont, Broomfield, Louisville, Aurora, Lafayette, Denver, Nederland, Niwot, and Buckley Air Force Base and throughout Colorado.