The Denver District Court's Proposed Adr Order: an Early Settlement Effort
| Publication year | 1990 |
| Pages | 1060 |
| Citation | Vol. 19 No. 6 Pg. 1060 |
1990, June, Pg. 1060. The Denver District Court's Proposed ADR Order: An Early Settlement Effort
As anyone involved in civil litigation knows, most civil cases settle at some point prior to trial. Statistically, approximately 95 percent settle. Unfortunately, many cases do not settle until shortly before trial and only after substantial litigation. Much of this litigation involves procedural and collateral disputes which frequently have very little impact on the merits of the case. It also creates unnecessary expense and delay and is a drain on limited judicial resources.
In an effort to improve this situation, starting approximately July 1, 1990, the civil divisions of the Denver District Court will, in certain types of cases, issue an order designed to bring about earlier settlement in cases that can be settled. The purpose of this announcement is to explain how the order works and to minimize potential confusion about what the order is, and what it is not.
The order is issued under the statutory authority found in CRS § 13-22-311 (Repl. Vol. 6A), which permits the court to refer cases to mediation. The order is not, however, a "mediation order." It does not mandate that the parties participate in mediation, or in any other alternative dispute resolution procedure.
In simplest terms, the order requires that, between the time of filing and the due date for disclosure certificates or 180 days after filing, whichever occurs first, the parties either: (1) settle the case; or (2) engage in some type of alternative dispute resolution of the parties' choosing; or (3) make a showing of good cause why the requirements of the order should be modified or the parties exempted from the order. The order does not infringe upon the parties' exercise of statutory and procedural rights, e.g., discovery.
If the parties can settle a case within the first 180 days/disclosure certificate due date, the order requires them to do nothing other than so advise the court. If the parties cannot settle, the order gives them wide latitude in choosing what type of alternative dispute resolution procedure they wish to engage in and when. In addition, the order permits the parties to show good cause why one or more provisions of the order, e.g.,...
To continue reading
Request your trial