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Alternative Dispute Resolution (ADR)
ADR is a process in which a neutral person helps people who
cannot agree, so that they can reach a settlement that they both
accept.
Parties in a civil case can use an arbitrator, neutral evaluator
or mediator for assistance in settling a case. In most programs, ADR
providers determine their own fee for their services.
Types of Civil ADR available:
- Mediation
Mediation is an informal, confidential process in which the
mediator helps the parties to understand the interests of everyone
involved, and the practical and legal choices. The mediator helps
the parties to explore options and reach an acceptable solution of
the problem. Mediators are allowed to charge for their time.
Click to view a brief slideshow presentation on the mediation
process:
How to Settle Your Dispute without
Going to Trial.
- Private Arbitration
Arbitration is a less formal process than a trial, in which
the arbitrator hears the evidence and arguments of the parties,
then makes a written decision explaining how the case should be
settled. The parties can agree to binding or non-binding
arbitration. Binding arbitration is designed to give the parties a
final solution to their dispute when they cannot agree by
themselves or with a mediator. If the arbitration is non-binding,
any party can reject the arbitrator’s decision and request a
trial. Private arbitrators are allowed to charge for their time.
- Neutral evaluation
Neutral evaluation, sometimes called “early neutral evaluation” or
“ENE”, is an informal process in which the evaluator reviews the
case with attorneys, and gives a non-binding assessment of the
strengths and weaknesses on each side, and predicts the likely
outcome. The evaluator can help parties to identify issues,
prepare stipulations, and draft discovery plans. The parties may
use the evaluation to discuss settlement. Evaluators are allowed
to charge for their time.
For the three types of ADR listed above:
- Civil Judge ADR
This service is available for parties to a dispute that meets
the qualifying standards to have a mediation or settlement
conference with an
experienced judge of the Superior Court. The request for mediation
or settlement conference
may be made promptly by stipulation (agreement) upon the filing of
the Civil complaint and the answer. There is no additional charge
for this service.
- Judicial Arbitration
Judicial Arbitration is like a trial, but it is less formal and
there is no jury. Each side presents its case to a “neutral”
person, also called “arbitrator.” The arbitrator is either a
lawyer or a retired judge, and does not take sides or give advice.
Judicial arbitration is usually free for the parties. (If your
arbitration takes more than 5 hours, the arbitrator may charge you
a fee, but most arbitrations take 3 hours or less.)
- Civil Early Settlement Conference
Parties in general civil limited and unlimited jurisdiction cases can participate in
the Early
Settlement Conference Program. The conference will be held by a
“neutral” who will be paid by the Court a one-time $150.00 flat fee for
up to 3 hours of the neutral's time.
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