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Dolores
District Court, ____________________County, Colorado
Court Address: 409 North Main Street
Dove Creek, CO 81324
Plaintiff(s): FOSNOT, SANDRA DATE FILED: March 15, 2023 3:07 PM
CASE NUMBER: 2022CV30004
v. COURT USE ONLY
Case Number: 2022CV30004
Defendant(s): ESTATE OF DELBERT EUGENE FOSNOT
4 Division:
Courtroom:
ALTERNATIVE DISPUTE RESOLUTION/MEDIATION ORDER (CIVIL 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).
2. 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 6, all claims
in this action are hereby referred to mediation.
3. All parties are ordered to cooperate in arranging for, and participating in mediation. Each party
shall be present personally at the mediation session, or shall have a representative present (other
than the attorney), with full settlement authority.
x The Plaintiff's attorney is ordered to set up mediation in sufficient time so that it will be
completed:
______ days before the next hearing;
______ days before trial;
within ______ days after the case is at issue; or
x by the following date:__________________________________
June 30, 2023
4. 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 _____ 22nd Judicial District may be contacted at
www.courts.state.co.us
_________________________. If you need a referral for the Office of DisputeResolution in the
Denver Metro area, please call 720-625-5940.
5. 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.
x 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 _________________________________.
6. Compliance with paragraph 3 of this Order is excused if, within the time limits set forth in paragraph
3, the parties settle all claims, participate in another form of ADR, including but not limited to,
arbitration, early neutral evaluation or mini-trial, pursuant to §13-22-313, C.R.S., or the Court grants
a Motion re: Exemption from Mediation/ADR.
JDF 607 R04/2017 ALTERNATIVE DISPUTE RESOLUTION/MEDIATION CIVIL CASE ORDER Page 1 of 2
© 2017 Colorado Judicial Department for use in the Courts of Colorado
7. Except as expressly provided in this Order, applicable Colorado statutes, rules and/or case law
shall govern the mediation or other ADR process.
8. The expense of the mediation or other ADR process shall be the responsibility of the parties, and
shall be divided equally between the parties unless otherwise agreed.
9. When using mediation, the parties are advised that:
The primary purpose of a mediator’s service is to assist them to reach a mutually acceptable
resolution of their dispute.
The mediator chosen may or may be not 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.
9. Within five days after the completion of the mediation or other ADR process, the attorney for the
Plaintiff is ordered to complete, file with the Court, and serve upon all other parties the Certificate of
Compliance (JDF 1337) attached to this Order.
10. Failure to comply with this order may result in sanctions.
Date: _____________________ ______________________________________
District Judge
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 Plaintiff(s) or Plaintiff(s) pro se
Attorney for Defendant(s) or Defendant(s) pro se
Other: ____________________________________
___________________________________
Clerk
JDF 607 R04/2017 ALTERNATIVE DISPUTE RESOLUTION/MEDIATION CIVIL CASE ORDER Page 2 of 2
© 2017 Colorado Judicial Department for use in the Courts of Colorado
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Dolores District Court, ____________________County, Colorado Court Address: 409 North Main Street Dove Creek, CO 81324 Plaintiff(s): FOSNOT, SANDRA DATE FILED: March 15, 2023 3:07 PM CASE NUMBER: 2022CV30004 v. COURT USE ONLY Case Number: 2022CV30004 Defendant(s): ESTATE OF DELBERT EUGENE FOSNOT 4 Division: Courtroom: ALTERNATIVE DISPUTE RESOLUTION/MEDIATION ORDER (CIVIL 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). 2. 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 6, all claims in this action are hereby referred to mediation. 3. All parties are ordered to cooperate in arranging for, and participating in mediation. Each party shall be present personally at the mediation session, or shall have a representative present (other than the attorney), with full settlement authority. x The Plaintiff's attorney is ordered to set up mediation in sufficient time so that it will be completed: ______ days before the next hearing; ______ days before trial; within ______ days after the case is at issue; or x by the following date:__________________________________ June 30, 2023 4. 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 _____ 22nd Judicial District may be contacted at www.courts.state.co.us _________________________. If you need a referral for the Office of DisputeResolution in the Denver Metro area, please call 720-625-5940. 5. 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. x 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 _________________________________. 6. Compliance with paragraph 3 of this Order is excused if, within the time limits set forth in paragraph 3, the parties settle all claims, participate in another form of ADR, including but not limited to, arbitration, early neutral evaluation or mini-trial, pursuant to §13-22-313, C.R.S., or the Court grants a Motion re: Exemption from Mediation/ADR. JDF 607 R04/2017 ALTERNATIVE DISPUTE RESOLUTION/MEDIATION CIVIL CASE ORDER Page 1 of 2 © 2017 Colorado Judicial Department for use in the Courts of Colorado 7. Except as expressly provided in this Order, applicable Colorado statutes, rules and/or case law shall govern the mediation or other ADR process. 8. The expense of the mediation or other ADR process shall be the responsibility of the parties, and shall be divided equally between the parties unless otherwise agreed. 9. When using mediation, the parties are advised that: The primary purpose of a mediator’s service is to assist them to reach a mutually acceptable resolution of their dispute. The mediator chosen may or may be not 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. 9. Within five days after the completion of the mediation or other ADR process, the attorney for the Plaintiff is ordered to complete, file with the Court, and serve upon all other parties the Certificate of Compliance (JDF 1337) attached to this Order. 10. Failure to comply with this order may result in sanctions. Date: _____________________ ______________________________________ District Judge 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 Plaintiff(s) or Plaintiff(s) pro se Attorney for Defendant(s) or Defendant(s) pro se Other: ____________________________________ ___________________________________ Clerk JDF 607 R04/2017 ALTERNATIVE DISPUTE RESOLUTION/MEDIATION CIVIL CASE ORDER Page 2 of 2 © 2017 Colorado Judicial Department for use in the Courts of Colorado