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 Dec. 24, 2024).

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