ADR and ODR in Colorado by Cynthia A. Savage, ODR Director

AGENDA 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 VNegotiation Arbitration W O _____*_______*________*_______*______ A I Mediation Litigation R D _______________________ Third party involvement __________________ _______________ Parties Decide Third party decides __________________________ ________ Private Public

Why Mediation? Cost and time effective Saves judicial resources High quality solutions Preserves relationships Prevents problems from recurring High satisfaction

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

Mediation and Alternative Dispute Resolution In Colorado’s State Courts Legislation z Colorado Dispute Resolution Act z House Joint Resolution z Hundreds of Statutory References

Colorado Dispute Resolution Act § , 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 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 Courts Snapshot: FY2007 over10,000 referrals  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 CASES REFERRED TO ADR  FAMILY:  DOMESTIC RELATIONS  CHILD SUPPORT ENFORCEMENT  DEPENDENCY AND NEGLECT (Child Welfare)  JUVENILE  Paternity (Child Support and Parenting Time)  Truancy  Delinquency  PROBATE   CIVIL  DISTRICT COURT CIVIL  COUNTY COURT  SMALL CLAIMS COURT   CRIMINAL  MISDEMEANOR  FELONY

Mediation and ADR in Criminal Cases  ADR Settlement Conferences  JD4, JD1  Restorative Justice uRestoring Victim, Offender, and Community  Examples  Victim-Offender Mediation  Community Accountability Boards  Family Group Conferencing  High-Risk Victim-Offender Dialogue

Implementation in the Colorado Court 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 Authority The Office of Dispute Resolution, created by the Colorado Dispute Resolution Act, sections 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

ODR 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 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 – 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 Providers WOffice of Dispute Resolution  Independent Contractors from Private Sector WCommunity Mediation Services  Limited Staff  Volunteers WPrivate Sector  Paid Professionals  Volunteers

Mediation and ADR Professionals - Qualifications  Statutory Reference to “Trained” Mediator  No State Regulation in Colorado O OODR Policies O OVoluntary Recommendations for Mediator Education/ Training and Experience O OColorado Model Standards of Conduct for Mediators

ODR 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 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 Colorado’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