California > Local County > Riverside > Arbitration
ADR Information Package RI-ADR1 - California
| ADR Information Package Form. This is a California form and can be used in Arbitration Riverside Local County . |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE www.riverside.courts.ca.gov Self-represented parties: http://riverside.courts.ca.gov/selfhelp/self-help.shtml ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKAGE (California Rules of Court, Rule 3.221; Local Rule, Title 3, Division 2) *** THE PLAINTIFF MUST SERVE THIS INFORMATION PACKAGE ON EACH PARTY WITH THE COMPLAINT. *** What is ADR? Alternative Dispute Resolution (ADR) is a way of solving legal disputes without going to trial. The main types are mediation, arbitration and settlement conferences. Advantages of ADR: " Faster: ADR can be done in a 1-day session within months after filing the complaint. " Less expensive: Parties can save court costs and attorneys' and witness fees. " More control: Parties choose their ADR process and provider. " Less stressful: ADR is done informally in private offices, not public courtrooms. Disadvantages of ADR: " No public trial: Parties do not get a decision by a judge or jury. " Costs: Parties may have to pay for both ADR and litigation. Main Types of ADR: Mediation: In mediation, the mediator listens to each person's concerns, helps them evaluate the strengths and weaknesses of their case, and works with them to create a settlement agreement that is acceptable to everyone. If the parties do not wish to settle the case, they go to trial. Mediation may be appropriate when the parties: " want to work out a solution but need help from a neutral person; or " have communication problems or strong emotions that interfere with resolution; or " have a continuing business or personal relationship. Mediation is not appropriate when the parties: " want their public "day in court" or a judicial determination on points of law or fact; " lack equal bargaining power or have a history of physical/emotional abuse. Arbitration: Arbitration is less formal than trial, but like trial, the parties present evidence and arguments to the person who decides the outcome. In "binding" arbitration the arbitrator's decision is final; there is no right to trial. In "non-binding" arbitration, any party can request a trial after the arbitrator's decision. The court's mandatory Judicial Arbitration program is non-binding. Page 1 of 3 Adopted for Mandatory Use Riverside Superior Court RI-ADR1A [Rev. 1/1/12] American LegalNet, Inc. www.FormsWorkFlow.com Arbitration may be appropriate when the parties: " want to avoid trial, but still want a neutral person to decide the outcome of the case. Arbitration is not appropriate when the parties: " do not want to risk going through both arbitration and trial (Judicial Arbitration) " do not want to give up their right to trial (binding arbitration) Settlement Conferences: Settlement conferences are similar to mediation, but the settlement officer usually tries to negotiate an agreement by giving strong opinions about the strengths and weaknesses of the case, its monetary value, and the probable outcome at trial. Settlement conferences often involve attorneys more than the parties and often take place close to the trial date. RIVERSIDE COUNTY SUPERIOR COURT ADR REQUIREMENTS ADR Information and forms are posted on the ADR website: http://riverside.courts.ca.gov/adr/adr.shtml General Policy: Parties in most general civil cases are expected to participate in an ADR process before requesting a trial date and to participate in a settlement conference before trial. (Local Rule 4.0000) Court-Ordered ADR: Certain cases valued at under $50,000 may be ordered to judicial arbitration or mediation. This order is usually made at the Case Management Conference. See the "Court-Ordered Mediation Information Sheet" on the ADR website for more information. Private ADR (for cases not ordered to arbitration or mediation): Parties schedule and pay for their ADR process without Court involvement. Parties may schedule private ADR at any time; there is no need to wait until the Case Management Conference. See the "Private Mediation Information Sheet" on the ADR website for more information. BEFORE THE CASE MANAGEMENT CONFERENCE (CMC), ALL PARTIES MUST: 1. Discuss ADR with all parties at least 30 days before the CMC. Discuss: " Your preferences for mediation or arbitration. " Your schedule for discovery (getting the information you need) to make good decisions about settling the case at mediation or presenting your case at an arbitration. 2. File the attached "Stipulation for ADR" along with the Case Management Statement, if all parties can agree. 3. Be prepared to tell the judge your preference for mediation or arbitration and the date when you could complete it. (Local Rule 3218) RIVERSIDE COUNTY ADR PROVIDERS INCLUDE: " The Court's Civil Mediation Panel (available for both Court-Ordered Mediation and Private Mediation). See http://adr.riverside.courts.ca.gov/adr/civil/panelist.php or ask for the list in the civil clerk's office, attorney window. " Riverside County ADR providers funded by DRPA (Dispute Resolution Program Act): Dispute Resolution Service (DRS) Riverside County Bar Association: (951) 682-1015 Dispute Resolution Center, Community Action Partnership (CAP): (951) 955-4900 Page 2 of 3 Adopted for Mandatory Use Riverside Superior Court RI-ADR1A [Rev. 1/1/12] American LegalNet, Inc. www.FormsWorkFlow.com ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Banning - 135 N. Alessandro Road, Banning, CA 92220 Hemet - 880 N. State Street, Hemet, CA 92543 Indio - 46-200 Oasis Street, Indio, CA 92201 Riverside - 4050 Main Street, Riverside, CA 92501 Temecula - 41002 County Center Drive, Bldg. C - Suite 100, Temecula, CA 92591 PLAINTIFF(S): DEFENDANT(S): CASE NUMBER: STIPULATION FOR ALTERNATIVE DISPUTE RESOLUTION (ADR) (CRC 3.2221; Local Rule, Title 3, Division 2) CASE MANAGEMENT CONFERENCE DATE(S): Court-Ordered ADR: Eligibility for Court-Ordered Mediation or Judicial Arbitration will be determined at the Case Management Conference. If eligible, the parties agree to participate in: Mediation Judicial Arbitration (non-binding) Private ADR: If the case is not eligible for Court-Ordered Mediation or Judicial Arbitration, the parties agree to participate in the following ADR process, which they will arrange and pay for without court involvement: Mediation Binding Arbitration Judicial Arbitration (non-binding) Other (describe): Propos
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