ADR encourages cooperation and communication, while discouraging the adversarial atmosphere found in litigation. Surveys of disputants who have gone through ADR have found that satisfaction with ADR is generally high, especially among those with extensive ADR experience. Although there are many different types of ADR processes, the forms most commonly used to resolve disputes in California state courts are Arbitration, Mediation and Neutral Evaluation. Arbitration An arbitrator hears evidence presented by the parties, makes legal rulings, determines facts and makes an arbitration award. Arbitration awards may be entered as judgments in accordance with the agreement of the parties or, where there is no agreement, in accordance with California statutes.
Arbitrations can be binding or non-binding, as agreed by the parties in writing.
Mediation Mediation is a voluntary, informal, confidential process in which the mediator, a neutral third party, facilitates settlement negotiations. The mediator improves communication by and among the parties, helps parties clarify facts, identify legal issues, explore options and arrive at a mutually acceptable resolution of the dispute. A neutral evaluator hears informal presentations from each party, assesses the strengths and weaknesses of each party's contentions based on brief written and oral presentations, and offers a valuation of the case. This process is meant to facilitate settlement of the case by helping the parties isolate the core of the dispute and offering the parties an assessment of their positions and the overall value of the case. Upon filing a Complaint, the Plaintiff will receive this information sheet from the Superior Court New Filings Clerk.