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Appropriate Dispute Resolution Information Sheet ADR-CV-8 - California
| Appropriate Dispute Resolution Information Sheet Form. This is a California form and can be used in ADR San Mateo Local County . |
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Civil Appropriate Dispute Resolution (ADR) Information Sheet Superior Court of California, San Mateo County Appropriate Dispute Resolution (ADR) is a way of solving legal problems without going to trial. All types of disputes can be resolved through ADR. The Court encourages you to use some form of ADR before you proceed to trial. The most popular form of ADR is mediation. The Multi-Option ADR Project can help you choose the option that is best for your case and refer you to an experienced ADR provider. What are the Advantages of Using ADR? Faster Traditional litigation can take years to complete but ADR usually takes weeks or months. Cheaper Parties can save on attorneys' fees and litigation costs. More control & flexibility Parties choose the ADR process most appropriate for their case. Cooperative & less stressful In mediation, parties cooperate to find a mutually agreeable solution to their dispute. What are the Disadvantages of Using ADR? You may go to Court anyway If you can't resolve your case using ADR, you may still have to spend time and money on your lawsuit. Not free The neutrals charge fees (except in judicial arbitration), but you may qualify for financial aid. Are There Different Kinds of ADR? Mediation - A neutral person (mediator) helps the parties communicate, clarify facts, identify legal issues, explore settlement options and agree on a solution that is acceptable to all sides. Judicial Arbitration Is an informal hearing where a neutral person (arbitrator) reviews the evidence, hears arguments and makes a decision on your case. In non-binding judicial arbitration, parties have the right to reject the arbitrator's decision and proceed to trial. For more information regarding judicial arbitration, please see the attached sheet. Binding Arbitration - The parties agree ahead of time to accept the arbitrator's decision as final. Parties who choose binding arbitration give up their right to go to Court and their right to appeal the arbitrator's decision. Neutral Evaluation - A neutral person (evaluator) listens to the parties, asks them questions about their case, reviews evidence and may hear witness testimony. The evaluator helps the parties identify the most important legal issues in their case and gives them an analysis of the strengths and weaknesses of each side's case. Special neutral evaluation guidelines are available on the Court's website at www.sanmateocourt.org/adr. Settlement Conference Although similar to mediation, the neutral (a judge) may take more control in encouraging parties to settle. Settlement conferences take place at the courthouse. All cases have a mandatory settlement conference approximately 2-3 weeks before the trial date. Form adopted for Mandatory Use [CA Rule of Court §3.221] Local Court Form ADR-CV-8 [Sept, 2010, Revised Jan. 2013] www.sanmateocourt.org Appropriate Dispute Resolution Information Sheet Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com How Does Voluntary Mediation/Neutral Evaluation Work in San Mateo County? The person who files the lawsuit (the plaintiff) must include this ADR Information Sheet with the complaint when serving the defendants in the case. All the parties in your case will meet with a judge at your first Case Management Conference (CMC), which is scheduled within 120 days of the filing of the complaint. The judge will speak to you about your voluntary ADR options, encourage you to participate in ADR and ask you to meet with Court ADR staff. If you and the parties decide to use ADR, Local Rule 2.3(i)(3) states that you must file a Stipulation and Order to ADR with the Court Clerk's Office. This form lets the Court know both whom you have selected as your ADR neutral and the date of the ADR session. You and the other parties can find your own ADR neutral for the case or use a neutral who is on the Court's ADR Panel. o For a list of Court ADR neutrals and their resumes, visit the Court's website at www.sanmateocourt.org/adr. (Go to "Civil ADR Program," "Civil ADR Program Panelist List" and click on any provider's name.) If you decide to do ADR and file a Stipulation and Order to ADR at least 10 days before your first CMC, the Court will postpone (continue) your first CMC for 90 days to allow the parties time to resolve the case using ADR. The Clerk's Office will send you a notice with your new CMC date. Within 10 days of completing ADR, you and your lawyer (if you have one) must fill out either an Evaluation By Attorneys or Client Evaluation and mail or fax it to the ADR offices at: 400 County Center, Redwood City, CA 94063; (650) 599-1754 (fax). Do I Have to Pay to Use ADR? Yes. You and the other parties will pay the ADR neutral directly. However, you do not have to pay the Court for either judicial arbitration or for the mandatory settlement conference that is scheduled before your trial. If you expect to have difficulty paying the ADR provider's fee, ask the ADR Coordinator for a financial aid application. You will need to fill out this application to determine whether or not you qualify for financial assistance. In San Mateo County, parties also can take their case to the community mediation organization, the Peninsula Conflict Resolution Center ("PCRC"), and have their case mediated by PCRC's panel of trained and experienced volunteer mediators. To learn more about programs and fees, contact PCRC's Manager of Mediation Programs at (650) 513-0330. For more information, visit the court website at www.sanmateocourt.org/adr or contact the ADR Program: 400 County Center, Redwood City, CA 94063. Phone: (650) 599-1070, (650) 599-1073 and fax: (650) 599-1754 Appropriate Dispute Resolution Information Sheet Page 2 of 3 Form adopted for Mandatory Use [CA Rule of Court §3.221] Local Court Form ADR-CV-8 [Sept, 2010, Revised Jan. 2013] www.sanmateocourt.org American LegalNet, Inc. www.FormsWorkFlow.com Judicial Arbitration, one of the available Appropriate Dispute Resolution (ADR) options, differs from other options in that it is usually court-ordered, unless the parties agree to it. What are the Advantages of Using Judicial Arbitration? Free -Parties do not have to pay for the arbitrator's fee. Fast -Parties are usually given 120 days from the date of the Case Management Conference (CMC) to have their case heard by the appointed arbitrator. Informal -The hearing is conducted by an arbitrator who issues an award. (Arbitrators are usually attorneys who practice or have practiced in San
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