First Regular Session

Sixty-first General Assembly

LLS NO. 97­0023.01 JBB SENATE BILL 97­053

STATE OF COLORADO

BY SENATOR Blickensderfer;

also REPRESENTATIVE S. Williams.

JUDICIARY

A BILL FOR AN ACT

CONCERNING COURT REFERRALS FOR ALTERNATIVE DISPUTE RESOLUTION WHEN A PARTY ALLEGES ABUSE.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires a party seeking to be excluded from an order referring a case to alternative dispute resolution to file a motion and provide satisfactory documentation that the party has been the victim of physical abuse.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  13­22­311 (1), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended to read:

13­22­311.  Court referral to mediation ­ duties of mediator. (1)  Any court of record may, in its discretion, refer any case for mediation services or dispute resolution programs, subject to the availability of mediation services or dispute resolution programs. except that the court shall not refer the case to mediation services or dispute resolution programs 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 mediation services or dispute resolution programs. 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 mediation and demonstrating compelling reasons why mediation should not be ordered. Compelling reasons may include, but are not limited to, THAT ONE PARTY PROVIDES SATISFACTORY DOCUMENTATION THAT THE PARTY HAS BEEN THE VICTIM OF PHYSICAL ABUSE BY THE OTHER PARTY OR that the costs of mediation would be higher than the requested relief and previous attempts to resolve the issues were not successful. Parties referred to mediation services or dispute resolution programs may select said services or programs from mediators or mediation organizations or from the office of dispute resolution. This section shall not apply in any civil action where injunctive or similar equitable relief is the only remedy sought.

SECTION 2.  13­22­313 (1), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended to read:

13­22­313.  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 ONE PARTY PROVIDES SATISFACTORY DOCUMENTATION THAT THE PARTY HAS BEEN THE VICTIM OF PHYSICAL ABUSE BY THE OTHER PARTY OR 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, med­arb, mini­trial, multi­door 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.

SECTION 3.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.