As used in this part 3, unless the context otherwise
requires:
(1)Arbitration means the referral of a dispute to one or more neutral third
parties for a decision based on evidence and testimony provided by the disputants.
(1.3) Chief justice means the chief justice of the Colorado supreme court.
(1.7) Director means the director of the office of dispute resolution.
(2)Early neutral evaluation means an early intervention in a lawsuit by a
court-appointed 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
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As used in this part 3, unless the context otherwise
requires:
(1) Arbitration means the referral of a dispute to one or more neutral third
parties for a decision based on evidence and testimony provided by the disputants.
(1.3) Chief justice means the chief justice of the Colorado supreme court.
(1.7) Director means the director of the office of dispute resolution.
(2) Early neutral evaluation means an early intervention in a lawsuit by a
court-appointed 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.
(2.3) 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.
(2.4) Mediation means an intervention in dispute negotiations by a trained
neutral third party with the purpose of assisting the parties to reach their own
solution.
(2.5) Mediation communication means any oral or written communication
prepared or expressed 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.
(3) Mediation services or dispute resolution programs means a process
by which parties 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.
(4) Mediator means a trained individual who assists disputants to reach a
mutually acceptable resolution of their disputes by identifying and evaluating
alternatives.
(4.3) Mini-trial means a structured settlement process in which the
principals involved meet 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.
(5) Office means the office of dispute resolution.
(6) 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.
(7) 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.
(8) 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.
(9) Summary jury trial means summary presentations in complex cases
before a jury empaneled to make findings which may or may not be binding.