District Court Denver Juvenile Court ___________________________ County, Colorado Court Address: _____________________________________ _________________________________________________ In re: The Marriage of: Parental Responsibilities concerning: ______________________________________________________ Petitioner: ___________________________________ and Co-Petitioner/Respondent: __________________________________ COURT USE ONLY Case Number: ________________ Division ______ Courtroom ________
MEDIATION / ALTERNATIVE DISPUTE RESOLUTION ORDER (DOMESTIC RELATIONS CASE)
1. The Court finds that the interests of a just, speedy and economic resolution of the disputes herein would be served by referral of this action to mediation, or to some other form of Alternative Dispute Resolution (ADR). Mediation provides an opportunity for parties to resolve differences concerning children, property, and financial issues that are addressed in separation and divorce without excessive expenditure of time, energy, and money. The basic premise of mediation is that the parties involved in the dispute are best suited to resolve their own differences, and are in the best position to arrive at solutions that may address the needs of all parties involved. 2. The Court also finds that no one has advised the court that they are unwilling to enter into mediation or ADR because they are the victim of physical or psychological abuse by the other party. 3. Accordingly, pursuant to the Colorado Dispute Resolution Act, §13-22-301, C.R.S. et seq. and specifically §13-22-311, C.R.S. the Court orders that, except as provided in paragraph 8 of this Order, all claims in this action are hereby referred to mediation. 4. All parties are ordered to cooperate in arranging for, and participating in, mediation. Each party shall be present personally at the mediation session, unless telephone conference arrangements are made directly with the Mediator. The Court orders that mediation be set up in sufficient time so that it will be completed as follows: _______ days before the next hearing; within _______ days from the date of this Order; or by the following date:______________________________ 5. Issues to be mediated in this case should include the following: _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 6. Pursuant to §13-22-311(1), C.R.S., the parties may select their mediator from private mediators, mediation organizations, or from the Colorado Judicial Branch Office of Dispute Resolution. The Office of Dispute Resolution for the _____ Judicial District may be contacted at ____________________ (telephone number). If you need a referral for the Office of Dispute Resolution in the Denver Metro area, please call (303) 837-3672. 7. A list of other mediators who provide services in the ______ Judicial District is attached is available in the clerk's office. The information contained on this list is as supplied by the providers themselves and does not mean that the provider is recommended, approved, or verified by the Judicial District. is not available through this courthouse. Mediators may be identified through contacting the Colorado Council of Mediators and Mediation Organizations at 1-800-864-4317 or www.coloradomediation.org , through the Yellow Pages, or through contacting the local bar association at ______________________________________.
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8. Compliance with paragraph 4 of this Order is excused if, within the time limits set forth in paragraph 4, the parties settle all issues; participate in another form of ADR, pursuant to §13-22-313, C.R.S., including but not limited to, med-arbitration, early neutral evaluation, or parenting coordination; or the Court grants a Motion re: Exemption from Mediation/ADR. 9. Except as expressly provided in this Order, applicable Colorado statutes, rules and/or case law shall govern the mediation or other ADR process. 10. The expense of mediation or other ADR process shall be the responsibility of the parties, and shall be divided equally between the parties unless otherwise agreed. 11. When using mediation, the parties are advised that: The primary purpose of the mediator's service is to assist them to reach a mutually acceptable resolution of their dispute. The mediator chosen may or may not be a lawyer, but the mediator cannot and will not provide legal advice to either or both parties. Any documents used and prepared by the mediator are ancillary to the mediation process and do not constitute legal advice. The mediator is not obligated to identify or resolve legal issues. The parties' settlement may result in the waiver or compromise of legal rights. It is the responsibility of the parties to obtain legal advice if they so choose. Any mediator chosen by the parties who operates under a written Agreement to Mediate, which includes these advisements, shall be authorized by this court to act as the parties' mediator. In so doing, the mediator may develop and draft a Memorandum of Understanding that reduces the agreement of the parties to writing, if requested by the parties. 12. The parties are reminded that if mediation is to address any financial issues that they are to provide to each other the disclosures required by C.R.C.P. 16.2(e)(2) at least five days prior to the mediation, and shall also bring the disclosures to the mediation session. Such disclosures include: a. A complete and current financial affidavit. b. A complete copy of personal federal and state income tax returns for the three years preceding the filing of the petition or motion. c. Pay stubs or statements of earnings from all employers for the three months preceding the filing of the petition or motion. d. A complete copy of federal income tax returns for the three years preceding the filing of the petition or motion regarding any business in which a party has any interest entitling that party to a copy of such returns. e. Any available information relating to pension, profit sharing, deferred compensation, and retirement plans. 13. Within five days after the completion of the mediation or other ADR process, the Petitioner or CoPetitioner/Respondent is ordered to complete, file with the Court, and serve upon all other parties the Certificate of Compliance (JDF 1119) attached to this Order. 14. Failure to comply with this Order may result in sanctions.
______________________________________ Judge Magistrate
CERTIFICATE OF SERVICE
I certify that on __________________ (date), I mailed, faxed, e-filed, or hand-delivered a copy of this Order to the following:
Attorney for Petitioner or Petitioner pro se Attorney for Co-Petitioner/Respondent or Co-Petitioner/Respondent pro se Other_______________________________
R9/08 MEDIATION / ALTERNATIVE DISPUTE RESOLUTION ORDER (DOMESTIC RELATIONS CASE)
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