C.R.S. Section 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: Section 13-22-313 — Judicial referral to ancillary forms of alternative dispute resolution, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑22‑101
Competence of persons eighteen years of age or older 13‑22‑102
Minors - consent for medical care and treatment for use of drugs or a substance use disorder 13‑22‑103
Minors - consent for medical, dental, and related care 13‑22‑103.5
Minors - consent for medical care - pregnancy 13‑22‑104
Transplants and transfusions generally - declaration of policy - limit on liability of minors 13‑22‑105
Minors - consent - contraception 13‑22‑106
Minors - consent - sexual offense 13‑22‑107
Legislative declaration - definitions - children - waiver by parent of prospective negligence claims 13‑22‑201
Definitions 13‑22‑202
Notice 13‑22‑203
Applicability 13‑22‑204
Effect of agreement to arbitrate - nonwaivable provisions 13‑22‑205
Application for judicial relief 13‑22‑206
Validity of agreement to arbitrate 13‑22‑207
Motion to compel or stay arbitration 13‑22‑208
Provisional remedies 13‑22‑209
Initiation of arbitration 13‑22‑210
Consolidation of separate arbitration proceedings 13‑22‑211
Appointment of arbitrator - service as a neutral arbitrator 13‑22‑212
Disclosure by arbitrator 13‑22‑213
Action by majority 13‑22‑214
Immunity of arbitrator - competency to testify - attorney fees and costs 13‑22‑215
Arbitration process 13‑22‑216
Representation by attorney 13‑22‑217
Witnesses - subpoenas - depositions - discovery 13‑22‑218
Judicial enforcement of pre-award ruling by arbitrator 13‑22‑219
Award 13‑22‑220
Change of award by arbitrator 13‑22‑221
Remedies - fees and expenses of arbitration proceeding 13‑22‑222
Confirmation of award 13‑22‑223
Vacating award 13‑22‑224
Modification or correction of award 13‑22‑225
Judgment on award - attorney fees and litigation expenses 13‑22‑226
Jurisdiction 13‑22‑227
Venue 13‑22‑228
Appeals 13‑22‑229
Uniformity of application and construction 13‑22‑230
Saving clause 13‑22‑301
Short title 13‑22‑302
Definitions 13‑22‑303
Office of dispute resolution - establishment 13‑22‑304
Director - assistants 13‑22‑305
Mediation services 13‑22‑306
Office of dispute resolution programs - mediators 13‑22‑307
Confidentiality 13‑22‑308
Settlement of disputes 13‑22‑310
Dispute resolution fund - creation - source of funds 13‑22‑311
Court referral to mediation - duties of mediator 13‑22‑312
Applicability 13‑22‑313
Judicial referral to ancillary forms of alternative dispute resolution 13‑22‑501
Short title 13‑22‑502
Legislative declaration 13‑22‑503
Definitions 13‑22‑504
Agreement for alternative dispute resolution 13‑22‑505
Applicability 13‑22‑506
Choice of language 13‑22‑507
Immunity 13‑22‑601
Contracts pertaining to marijuana enforceable 13‑22‑701
Short title 13‑22‑702
Legislative declaration 13‑22‑703
Definitions 13‑22‑704
Notification concerning abortion 13‑22‑705
No notice required - when 13‑22‑706
Penalties - damages - defenses 13‑22‑707
Judicial bypass - rules 13‑22‑708
Limitations
Green check means up to date. Up to date

Current through Fall 2024

§ 13-22-313’s source at colorado​.gov