Federal & State Regulations | Alternative Dispute Resolution - Colorado

Summary of differences between federal and state regulations

Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC Sec. 571 – 584, and the Federal Arbitration Act, 9 USC Sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.

In addition to the federal law, there are numerous state laws on ADR. In fact, thirty-five states have adopted the Uniform Arbitration Act as state law. Several states have also adopted the Revised Uniform Arbitration Act.

Below is a summary of Colorado’s requirements regarding ADR. Consult the regulatory links for detailed information.

Arbitration

The Colorado Division of Labor promotes the voluntary arbitration, mediation, and conciliation of disputes arising under an existing written agreement between employers and employees and to avoid the necessity of resorting to strikes, lockouts, boycotts, blacklists, discriminations, and legal proceedings in matters of employment. Arbitration undertaken pursuant to this section must employ the procedures provided in part 2 of article 22 of title 13, C.R.S.

An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.

The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

Office of Dispute Resolution

Colorado’s Office of Dispute Resolution, located in the Colorado Judicial Branch, and was created by statute in 1983. The Colorado Dispute Resolution Act, Colorado Revised Statutes section 13-22-301 et seq., established ODR to assist Colorado’s courts in implementing alternative dispute resolution (ADR) programs and in providing services to the public. The statute originally contemplated only mediation, but was later amended to include other types of ADR.

ODR’s most visible service is its mediation program, providing mediation for domestic relations, dependency and neglect, civil, probate, and juvenile cases. Mediation services are provided by 32 mediators state-wide. ODR mediators are independent contractors, engaged based on sufficient training, experience, knowledge of the courts, and knowledge and skills demonstrated in performance-based interviews which include mediation simulations.