Introduction and Overview
Local Government Guide to Alternative Dispute Resolution (ADR)Local Government Guide to Selecting an ADR Professional
List of Qualified ADR Professionals
Minimum Qualifications for Admittance to List of Qualified ADR Professionals
Request for Qualifications Form
Rapid growth in Colorado has focused increased attention on the local government land use decision-making process. As local governments form plans and adopt policies to address the state’s rapid growth, dialogues between communities over where and when development should occur take on increased importance. The Office of Smart Growth (OSG) has long maintained that intergovernmental agreements and regional planning efforts are critical for responsible growth management in our state. Nevertheless, from time to time, neighboring jurisdictions find themselves entrenched in disagreements over proposed development plans. Resolution of these disputes can be costly and time consuming, especially if the parties resort to litigation.
When the Colorado General Assembly created OSG during the 2000 legislative session, it recognized the potential for jurisdictional conflicts in land use actions, and charged OSG with developing a program to assist local governments in resolving these disputes short of litigation. The Intergovernmental Land Use Dispute Resolution Program in the Office of Smart Growth was created with the express purpose of providing local officials with the tools necessary to resolve land use conflicts with neighboring jurisdictions.
“The department shall maintain a list of qualified professionals that are available to assist in resolving land use disputes arising between local governments. Such list shall include only those persons and organizations the department determines have professional expertise and skills in land use, planning, zoning, subdivision, annexation, real estate, public administration, mediation, arbitration, or related disciplines. Such list shall be made available to governmental entities and the public through the office created by this part 32 for the purpose of facilitating the resolution of disputes between or among local governments arising out of land use matters.” (C.R.S. 24-32-3209)
Furthermore, during the Second Extraordinary Session of the 63rd General Assembly, the Legislature passed HB 01S2-1020 which compels local governments to attempt to resolve certain planning disputes using mediation, including the Intergovernmental Land Use Dispute Resolution Program at OSG, prior to litigation. That legislation states in part:
“A neighboring jurisdiction may file a written objection to a comprehensive plan with a local government at any time up to and including thirty days after the adoption of such plan. Such objection may include a request for the local government to participate in a mediation of the comprehensive planning dispute with the neighboring jurisdiction coordinated by the department through the office using a mediator from the list maintained pursuant to subsection (6)of this section. Such local government shall participate in the mediation upon the request of the neighboring jurisdiction.” (CRS 24-32-3209 (2)(b))
The Intergovernmental Land Use Dispute Resolution Program is designed to assist local government officials in the effective negotiation of any contested land use issues. The program provides a referral network of professionals with experience in both alternative dispute resolution and local government land use planning who are available to assist local governments.
The program was specifically designed to give local governments the maximum amount of discretion. OSG will not dictate the manner in which disputes are to be resolved – that is left to the parties. Rather, it provides an alternative to court proceedings or other costly dispute resolution processes.
This program, as explained here and in subsequent pages, has two intended audiences: 1) local officials who are seeking a qualified alternative dispute resolution (ADR) professional to help resolve their dispute, and 2) ADR professionals who would like to submit their names for inclusion on the Office of Smart Growth’s List of Qualified Alternative Dispute Resolution Professionals. Accordingly, there are two separate “paths” that start from this page:
Finding a Qualified ADR Professional:
Local Government Guide to Alternative Dispute Resolution (ADR)Local Government Guide to Selecting an ADR Professional
List of Qualified ADR Professionals
Submitting a Name for Inclusion on the List of Qualified ADR Professionals
Minimum Qualifications for Admittance to List of Qualified ADR ProfessionalsRequest for Qualifications Form
DISCLAIMER
Other than creating, maintaining and promoting the availability of the list of qualified professionals, neither the Office of Smart Growth nor the state Department of Local Affairs will serve as a broker of services, nor will the aforementioned entities endorse, recommend or in any other fashion influence the negotiation for services between qualified professionals and local governments. Local government officials and staff are urged to verify the qualifications and experience of potential dispute resolution professionals during the selection process.
If you have questions regarding the Office of Smart Growth Intergovernmental Land Use Dispute Resolution Program, please contact: Eric Bergman at eric.bergman@state.co.us or call 303.866.2156.