As used in this part 3, unless the context otherwise requires:
"Arbitration" means the referral of a dispute to one or more neutral third parties for adecision based on evidence and testimony provided by the disputants.
"Chief justice" means the chief justice of the Colorado supreme court.
(1.7) "Director" means the director of the office of dispute resolution.
"Early neutral evaluation" means an early intervention in a lawsuit by a courtappointed evaluator to narrow, eliminate, and simplify issues and assist in case planning and management. Settlement of the case may occur under early neutral evaluation.
(2.1) "Fact finding" means an investigation of a dispute by a public or private body that examines the issues and facts in a case and may or may not recommend settlement procedures.
"Med-arb" means a process in which parties begin by mediation, and failing settlement, the same neutral third party acts as arbitrator of the remaining issues.
"Mediation" means an intervention in dispute negotiations by a trained neutral thirdparty with the purpose of assisting the parties to reach their own solution.
"Mediation communication" means any oral or written communication prepared orexpressed for the purposes of, in the course of, or pursuant to, any mediation services proceeding or dispute resolution program proceeding, including, but not limited to, any memoranda, notes, records, or work product of a mediator, mediation organization, or party; except that a written agreement to enter into a mediation service proceeding or dispute resolution proceeding, or a final written agreement reached as a result of a mediation service proceeding or dispute resolution proceeding, which has been fully executed, is not a mediation communication unless otherwise agreed upon by the parties.
(2.7) "Mediation organization" means any public or private corporation, partnership, or association which provides mediation services or dispute resolution programs through a mediator or mediators.
"Mediation services" or "dispute resolution programs" means a process by whichparties involved in a dispute, whether or not an action has been filed in court, agree to enter into one or more settlement discussions with a mediator in order to resolve their dispute.
"Mediator" means a trained individual who assists disputants to reach a mutuallyacceptable resolution of their disputes by identifying and evaluating alternatives.
"Mini-trial" means a structured settlement process in which the principals involvedmeet at a hearing before a neutral advisor to present the merits of each side of the dispute and attempt to formulate a voluntary settlement.
(4.5) "Multi-door courthouse concepts" means that form of alternative dispute resolution in which the parties select any combination of problem solving methods designed to achieve effective resolution, including, but not limited to, arbitration, early neutral evaluation, med-arb, mini-trials, settlement conference, special masters, and summary jury trials.
"Office" means the office of dispute resolution.
"Party" means a mediation participant other than the mediator and may be a person,public officer, corporation, partnership, association, or other organization or entity, either public or private.
"Settlement conference" means an informal assessment and negotiation session conducted by a legal professional who hears both sides of the case and may advise the parties on the law and precedent relating to the dispute and suggest a settlement.
"Special master" means a court-appointed magistrate, auditor, or examiner who, subject to specifications and limitations stated in the court order, shall exercise the power to regulate all proceedings in every hearing before such special master, and to do all acts and take all measures necessary or proper for compliance with the court's order.
"Summary jury trial" means summary presentations in complex cases before a juryempaneled to make findings which may or may not be binding.
Source: L. 83: Entire part added, p. 624, § 1, effective July 1. L. 88: (3) amended and (6) added, p. 605, § 1, effective July 1. L. 91: (2.5) and (2.7) added and (3) amended, p. 369, § 1, effective July 1. L. 92: (1) and (2) amended and (1.3), (1.7), (2.1), (2.3), (2.4), (4.3), (4.5), (7), (8), and (9) added, p. 298, § 2, effective June 2.
Cross references: For the legislative declaration contained in the 1992 act amending subsections (1) and (2) and enacting subsections (1.3), (1.7), (2.1), (2.3), (2.4), (4.3), (4.5), (7), (8), and (9), see section 1 of chapter 66, Session Laws of Colorado 1992.
Office of dispute resolution - establishment. There is hereby established in the judicial department the office of dispute resolution, the head of which shall be the director of the office of dispute resolution, who shall be appointed by the chief justice of the supreme court and who shall receive such compensation as determined by the chief justice.
Source: L. 83: Entire part added, p. 624, § 1, effective July 1.
Director - assistants. The director shall be an employee of the judicial department and shall be responsible to the chief justice for the administration of the office. The director may be but need not be an attorney and shall be hired on the basis of training and experience in management and mediation. The director, subject to the approval of the chief justice, may appoint such additional employees as deemed necessary for the administration of the office of dispute resolution.
Source: L. 83: Entire part added, p. 625, § 1, effective July 1. L. 88: Entire section amended, p. 605, § 2, effective July 1.
Mediation services. (1) In order to resolve disputes between persons or organizations, dispute resolution programs shall be established or made available in such judicial districts or combinations of such districts as shall be designated by the chief justice of the supreme court, subject to moneys available for such purpose. For all office of dispute resolution programs, the director shall establish rules, regulations, and procedures for the prompt resolution of disputes. Such rules, regulations, and procedures shall be designed to establish a simple nonadversary format for the resolution of disputes by neutral mediators in an informal setting for the purpose of allowing each participant, on a voluntary basis, to define and articulate the participant's particular problem for the possible resolution of such dispute.
Persons involved in a dispute shall be eligible for the mediation services set forth inthis section before or after the filing of an action in either the county or the district court.
Each party who uses the mediation services or ancillary forms of alternative disputeresolution in section 13-22-313 of the office of dispute resolution shall pay a fee as prescribed by order of the supreme court. Fees shall be set at a level necessary to cover the reasonable and necessary expenses of operating the program. Any fee may be waived at the discretion of the director. The fees established in this part 3 shall be transmitted to the state treasurer, who shall credit the same to the dispute resolution fund created in section 13-22-310.
All rules, regulations, and procedures established pursuant to this section shall besubject to the approval of the chief justice.
No adjudication, sanction, or penalty may be made or imposed by any mediator orthe director.
The liability of mediators shall be limited to willful or wanton misconduct.
Source: L. 83: Entire part added, p. 625, § 1, effective July 1. L. 88: (1), (2), and (3) amended and (6) added, p. 606, § 3, effective July 1. L. 91: (1), (3), and (6) amended, p. 370, § 2, effective July 1. L. 92: (3) amended, p. 300, § 4, effective June 2.
Cross references: For the legislative declaration contained in the 1992 act amending subsection (3), see section 1 of chapter 66, Session Laws of Colorado 1992.