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GUSTAFSON
LAW
OFFICE
COLORADO SPRINGS MEDIATION AND ARBITRATION
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WELCOME |
Phone (719)
260-1002 |
Fax
(719) 260-1003
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perhaps I will become your attorney
Address
* Maps
* Directions
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Robert D.
Gustafson * Attorney at Law * Colorado Springs
Business Hours
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Attorney
Availability
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Trade Area
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Toll Free (800)
410-1002
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PRIVATE ATTORNEY
NOT
MEDIATOR |
I welcome representation
inquiries
but
please do not call thinking this office provides mediation or
arbitration services |
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COLORADO FAMILY LAW
MEDIATION |
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NOT a mediator |
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Regarding family law matters, the Court may require mediation in divorce -
dissolution of marriage, legal separation, declaration of invalidity - annulment
or paternity actions.
Mediation is frequently conducted through
the Office of Alternate
Dispute Resolution - ADR - Mediation. The parties may request a
state trained private mediator. The ADR
fee per party is currently $50 per hour with a two hour minimum, resulting in a
$100 minimum fee per party to the mediator. Additional hours would be
billable by the mediator.
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The goal of mediation
is to avoid court
fights where settlement can be achieved through sitting down and talking in
a neutral setting. If mediation fails, a litigant remains entitled to
his / her day in
court. In some circumstances (domestic
abuse or
domestic
violence) the court may waive required
mediation.
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Litigants will attend 1 or 2
sessions with the ex-spouse or opposing parent and a neutral third party (mediator) in attempt to
reach agreement on the issues of the case. Mediators are trained by the
State of Colorado to keep the balance of power equal between the parties
while negotiating. Mediation is not marital counseling or relationship
therapy. In El Paso County,
many judges require mediation
before the judge will allow setting of contested final contempt
hearing. If this is applicable, litigants must attend mediation
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Each party has the right to counsel during mediation, but attorney
presence is not required. Not taking counsel decreases fees, however
a client may be disadvantaged by lack of counsel. It is my
preference not to attend and save the attorney's fees, subject to below.
a. If the opposing party plans to
bring counsel, that nearly mandates appearance by counsel for both
parties.
b. In a family law case on the
merits seeking original decree, it is common for one party or the other to
have held the majority of power in the relationship. If I represent
the party subject to manipulation, counsel's attendance becomes more
imperative. Although mediation is non-binding as indicated in ¶2
below, opposing counsel or party frequently hammers an unfavorable
tentative agreement. If the "Powerful Katrinka" is my
client, counsel's attendance at mediation is less important.
c. In support enforcement contempt
proceedings, I recommend presence of counsel is
worthwhile. An attorney will aggressively terminate any manipulation
attempts by the other party and hold the obligor accountable. If
obligee is resorting to the remedy of contempt, obligor should not be left
with opportunity to further manipulate, obfuscate, confuse or delay.
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Agreement in mediation is not required. If the parties do reach
agreement, it is not binding and subject to later approval of legal
counsel. Whether agreement is reached or not, a litigant is not bound by recommendations of
the mediator. If the parties can not reach agreements, a report is made to the judge
that it was unsuccessful without stating who caused the breakdown. A
client
should consider in advance whether he / she wants to take his / her attorney.
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Absent attorney presence,
I believe:
a. Complex financial matters are not proper subjects for mediation. A
party may be disadvantaged by insufficient knowledge. If my clients
decline my presence at mediation, I instruct them to advise
mediators that his / her attorney has instructed not to discuss such issues.
b. Contempt proceedings are not proper subjects for mediation. The
obligor has every reason to seek delay or to manipulate. Obligee may be disadvantaged by insufficient
knowledge of applicable law or obligor's resources, or disadvantaged by obligor's attempted manipulation and
by obligee's frustration at
prior inability to collect support. If counsel is not present
and the client feels guilt, threatened, coerced or disadvantaged
in any manner, I advise my clients to tell mediators that his / her attorney has instructed not to discuss such
issues or re-set when counsel may be present.
I make every effort to avoid mediation in contempt proceedings, but that
call is up to the judge.

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COLORADO FAMILY LAW
ARBITRATION
IN GENERAL |
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NOT
an arbitrator |
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Court
cases settle or for some other reason parties will be unprepared to litigate on
the set trial date. Therefore the court dockets multiple cases for final hearing
at the same time. When counsel sets final orders hearings, rank on the docket is
known. The higher the rank, the longer the delay between setting date and
hearing date. Even with a top ranking, another case formerly set which took
longer than anticipated or which was previously bumped may take priority. Put
simply, much to the chagrin of counsel and litigants, cases are not always heard
on the date set for trial.
Parties to litigation may submit a portion or all issues for arbitration.
Arbitration hearing dates can generally be obtained much more rapidly than a
court trial date. The decision to arbitrate must be given freely and voluntarily
by each party, and congested court docket or having been bumped from a court
trial date is a common factor in the decision to arbitrate.
Arbitration is frequently conducted through the Office of Alternate Dispute
Resolution - ADR - Mediation, however the parties may agree upon a private
arbitrator. If the parties agree to arbitrate, but can not agree upon the
individual arbitrator to be employed, the court will appoint an arbitrator.
See CRS 13-22-205 - Appointment of arbitrators by court
Expense to the Parties
In a court trial, the parties do not pay the judge for his / her time.
The
ADR fee per party is currently $65 per hour. Billable time generally includes
arbitrator conferences with parties and others; review of correspondence and
other materials submitted for the arbitrator*s consideration; drafting of
correspondence and the arbitration award research and preparation time; travel
time and telephone conferences with the parties and others. The parties are also
responsible for costs, which may include photocopying and flux expenses; travel
expenses and long distance telephone charges; and any other reasonably necessary
expenses.
See CRS 13-22-212 - fees and expenses of arbitration
It is
a financial detriment to arbitration, but that consideration may be outweighed
by the advantage of disposition months in advance of an available court trial
date.
Potential Arbitration Agreement Clauses
When
the parties agree to arbitration, the agreement includes a waiver of their right
to court trial of issues to be submitted for arbitration. The waiver includes
jury trial if that right existed. The arbitrator*s decision and award is final
and binding as to all claims which were raised or which could have been raised
in the arbitration, and judgment upon the award rendered by the arbitrator may
be entered in any court having competent jurisdiction.
If the
parties attended mediation with the arbitrator or ADR, the contract may contain
a clause which authorizes the arbitrator to consider at final orders hearing any
and all information expressed in that prior mediation session.
See CRS 13-22-203 - validity of arbitration
agreement.
Arbitration Hearing
Each
party is entitled to representation by counsel.
The right to counsel may be waived a
hearing, but not before.
See CRS 13-22-208 - representation by attorney
The
parties may request discovery proceedings, e.g. deposition. Subpoena may issue
for witness attendance or subpoena duces tecum for production of documents or
other evidence. It is common to submit pre-trial statements and trial briefs to
the arbitrator prior to hearing, and evidence is presented to the arbitrator as
if submitted to a judge in a court trial.
See CRS 13-22-207 - hearing
After
formal hearing, each party may submit proposed findings of fact and conclusions
of law. The arbitrator enters an award which includes detailed findings of fact
and conclusions of law, similar as would be the case in a court trial.
See CRS 13-22-210 - award
After
entry of award, the parties may make application for reconsideration or
clarification. An application to modify an award tolls the 30 limitation for
court motion to vacate.
See CRS 13-22-211 - change of award by arbitrators
See CRS 13-22-214 - vacating an award
With
consent of all parties, disputed parental decisions, parenting time and
non-recurring adjustments to child
support may also be the heard by an
arbitrator. If either party objects and requests modification of the
arbitrator's award, the party may request de novo review - complete re-hearing
of the issues with all testimony and evidence presented to the court. In
the event of a de novo review by the court, attorney's fees, costs and
arbitrator's response fees are to be awarded to the prevailing party unless
award would be manifestly unjust.
See CRS 14-10-128.5 - appointment of arbitrator - de novo review of award
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Final Decree of Dissolution of Marriage or
Legal Separation |
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a.
Judges prefer to enter final decree of dissolution of marriage or decree of
legal separation at the same time as final disposition order regarding all other
issues including child support, spousal maintenance, property and debt. Decree
of dissolution of marriage or decree of legal separation may enter with
confirmation of the arbitrator’s award and judgment or decree on award.
b. The
court has the power to enter decree of dissolution of marriage or decree of
legal separation, while reserving jurisdiction over all other issues. This will
more likely occur if good cause exists, such as desire to re-marry, re-finance
or loan application or other legitimate reason.
1. If the case was set for trial and is "bumped" (the court has
insufficient time to hear the case on the trial date), the judge may entertain a
brief hearing to establish jurisdiction and enter a decree of dissolution of
marriage or decree of legal separation. The court then reserves jurisdiction
over all other issues.
2. If arbitration is planned in advance, the parties may request the Court set a
brief hearing date to establish jurisdiction and enter a decree of dissolution
of marriage or decree of legal separation. The same may be accomplished by joint
motion and affidavit with submission of a proposed decree. The court again
reserves jurisdiction over all other issues.
See CRS 14-10-120 - decree
Rodgers v. Rodgers, 137 Colo. 74, 323
P.2d 892 (1958)
Court Order Confirming Arbitration Award
Upon
application of a party, the court shall confirm an award, unless the other party
timely objects and moves to correct or modify the award.
See CRS 13-22-211 - confirmation of an award
Judgment or Decree on Award
Upon the granting of
an order confirming, modifying, or correcting an award, judgment or decree shall
be entered in conformity therewith and be enforced as any other judgment or
decree. Costs of the application, and of the proceedings subsequent thereto, and
disbursements may be awarded by the court.
See CRS 13-22-216 - judgment or decree on award
Vacating an Award
a. Within 30 days from delivery of an arbitration
award, any party may move to vacate only upon the statutory grounds:
1. The award was procured by corruption, fraud,
or other undue means;
2. There was evident partiality by an arbitrator
appointed as a neutral or corruption in any of the arbitrators or misconduct
prejudicing the rights of any party;
3. The arbitrators exceeded their powers;
4. The arbitrators refused to postpone the
hearing upon sufficient cause being shown therefor or refused to hear evidence
material to the controversy or otherwise so conducted the hearing, contrary to
the provisions of CRS section 13-22-207, as to prejudice substantially the
rights of a party; or
5. There was no arbitration agreement and the
issue was not adversely determined in proceedings under CRS 13-22-204 and the
party did not participate in the arbitration hearing without raising the
objection.
b. The court may vacate the award and order
re-hearing before the same or a different arbitrator. If not vacated, the court
must confirm the award.
See CRS 13-22-214 - vacating an award
Modification or Correction of an Award
a. Within
30 days from delivery of an arbitration award, any party may move to modify or
correct an award only upon the statutory grounds:
1. There was an evident miscalculation of figures
or an evident mistake in the description of any person, thing, or property
referred to in the award;
2. The arbitrators awarded upon a matter not
submitted to them and the award may be corrected without affecting the merits of
the decision upon the issues submitted; or
3. The award is imperfect in a matter of form,
not affecting the merits of the controversy.
b. If the application is granted, the court shall
modify and correct the award so as to effect its intent and shall confirm the
award as so modified and corrected. Otherwise, the court shall confirm the award
as made.
c. An application to modify or correct an award
may be joined in the alternative with an application to vacate the award.
See CRS 13-22-215 - modification or correction of
award
Venue - Where to Obtain the Court Order
Application is made to the court within the county specified by the arbitration
agreement, or if hearing has been held, within the county in which it was held.
See CRS 13-22-220 - venue
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES
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FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare or Defend Own Family Law Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your
family law case or
defense and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
family law case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current family
law case. I decline. |
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POST
DECREE MATTERS
alternatives and find a
lawyer links provided as a courtesy
former clients are naturally welcome to call anytime
regarding any legal matter |
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1.
Post Decree Support, Property or Debt Enforcement. I accept most post decree requests
to
enforce a prior court order with respect to child support,
spousal maintenance, property or debt. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2. Post Decree Modification.
I will consider post decree modification of support,
parental responsibility or parenting time or setting aside a
former property or debt order, however I do consider the amount
of time elapsed since last order, circumstances surrounding the
modification and number of prior attorneys retained by a
prospective client. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Appeals. I
do not accept appellate matters unless I provided
representation at hearing or trial and am familiar with the facts,
testimony and exhibits received into evidence
and meritorious issues for appeal. That's been my policy for
years. Please do not
call or inquire regarding appellate matters if you are not a
former client. |
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ATTORNEY
TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state. Ease of internet access, email and toll free
phone doesn't change that fact. Due to frequency of court appearances, it is not economically justifiable for a client to pay travel time or
expenses beyond nearby counties. |
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trade area due to travel cost considerations. |
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Attorney is very willing to travel
outside the Colorado Springs area to present or defend a case,
but please be aware travel time, mileage and expense would
apply. If you are out of state or unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs
is located in relation to the county of your court case or
hearing. |
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| COUNTIES |
CITIES /
TOWNS |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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El Paso
County |
Colorado Springs / Manitou
Springs / Fountain |
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Arapahoe County |
Littleton / Centennial /
Englewood |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Douglas
County |
Castle Rock |
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Elbert
County |
Kiowa / Simla |
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Fremont
County |
Canon City / Florence / Penrose |
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Lincoln
County |
Hugo (county seat) / Limon |
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Pueblo
County |
Pueblo |
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Teller
County |
Cripple Creek / Woodland Park |
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The above links are provided as a public service,
but if you attempt "do it yourself" divorce
please refer to
attorney
policy |

| please
feel free to call or email if you are a client or are seeking representation |
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FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter |


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Serving Colorado Springs Area Zip
Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |

Copyright © 1984 - All Rights Reserved - Document
Revised: May 19, 2009
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images
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