ALTERNATIVE DISPUTE RESOLUTION PROGRAMS

In recent years, courts across the country have experienced increasing demand for alternatives to litigation. Alternative Dispute Resolution (ADR) methods such as mediation and arbitration have proven successful in resolving a wide variety of disputes. By using these methods, people not only can save time and money, but also become more directly involved in the resolution of their disputes.

The Third District Court administers three ADR programs: settlement facilitation, arbitration, and water law mediation. In each program, the pool of mediators and arbitrators consists mostly of local attorneys, both practicing and non-practicing.

Settlement Facilitation: Settlement facilitation is a form of mediation. The facilitator, or mediator, assists the parties in reaching a resolution, but does not dictate the terms of settlement. He or she helps the parties assess the strengths and weaknesses of their cases and may suggest a possible solution. However, the parties have the power to create their own mutually satisfactory agreement. Local rules mandate an attempt at facilitation of many civil cases, with some exceptions. Facilitators may be chosen by parties (or their attorneys) or by the Court, through the ADR Office. Cost can vary, but a typical facilitation will cost $500 for a half day. This cost is shared by the parties.

Arbitration: Cases where no party seeks anything other than monetary relief not exceeding $25,000 may be referred to arbitration. An arbitrator essentially operates as a judge, in that he or she makes a decision (award) after arbitration is concluded. Arbitration is generally a less formal process than litigation. Evidentiary rules are relaxed and discovery may be limited. Arbitration can be useful to parties who are unable to reach agreement and are willing to accept the award of an arbitrator. Either the Court or the parties may select an arbitrator. Typically, arbitration costs $500 for a half day. Again, this cost is shared by the parties.

Water Law Mediation: Staff at the Office of the State Engineer (OSE) first attempt resolution of a claim. If an agreement is not reached, the OSE refers the case to the Court's program and a mediator is assigned. Mediation is done at no cost to the claimant.

For more information on settlement facilitation and arbitration, check the Local Rules (LR 3-701 through LR 3-710) on this website or contact Lisa Betancourt 505.523.8267.