9-1.5-104.3. Alternative dispute resolution.

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9-1.5-104.3. Alternative dispute resolution. The notification association shall create a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all owners or operators, excavators, and other interested parties regarding disputes arising from damage to underground facilities, including any cost or damage incurred by the owner or operator or the excavator as a result of any delay in the excavation project while the underground facility is restored, repaired, or replaced, exclusive of civil penalties set forth in and fines assessed pursuant to section 9-1.5-104.4 or 9-1.5-104.5, that cannot be resolved through consultation and negotiation. The alternative dispute resolution program must include mediation, arbitration, or other appropriate processes of dispute resolution. The issue of liability and amount of damages under Colorado law may be decided by an appointed arbitrator or by the parties in mediation. Nothing in this section changes the basis for civil liability for damages.

Source: L. 2000: Entire section added, p. 687, § 3, effective May 23. L. 2018: Entire section amended, (SB 18-167), ch. 256, p. 1574, § 4, effective August 8.

Editor’s note: Section 12 of chapter 256 (SB 18-167), Session Laws of Colorado 2018, provides that the act changing this section applies to conduct occurring on or after August 8, 2018.