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Alternative Dispute Resolution (ADR) Program Information Packet AL:T,rERNATIVES TO TRJA,L255 NOTE: The plaintiff must serve a copy of the ADR Information Packet on each defendant along with the complaint (CRC 3.221 (c) Superior Court, Modesto, County of Stanislaus American LegalNet, Inc. www.FormsWorkFlow.com ADR INTRODUCTION 001Did you know that most Civil lawsuits settle without a trial? Did you know that there are a number ways to civil without having to sue somebody? These alternatives to a lawsuit are known as Alternative Resolution (ADR). The most common forms of ADR are Mediation and Arbitration. There are a number of other kinds of ADR as well. In ADR, trained, impartial persons decide or help parties decide disputes persons are neutrals. For example, in mediation, the neutral is the mediator. Neutrals normally are chosen by the disputing or by court. Neutrals can resolve disputes without having to go to court. ADR is not new. ADR is available in many communities through dispute resolution programs and private neutrals. ADVANTAGES OF ADR ADR can have a number of advantages over a lawsuit. 11\ ADR can save time. A often can be resolved in a matter of months, even through ADR, while a lawsuit can take years. 11\ ADR can save money. Court costs, attorney fees, and expert fees can be saved. 11\ ADR can be cooperative. This means that the parties having a dispute may work together with the neutral to resolve the and agree to a remedy that sense to them, rather than work other. 11\ ADR can reduce stress. There are if any, court appearances. ADR can be and save money and the are normally ADR is easier on the nerves. The don't have a lawsuit over their heads for years. 11\ ADR encourages The may have more to tell of story in court and may have more control over the outcome. 11\ ADR is flexible. The parties can choose the ADR process that is best for them. For example, in mediation the parties may decide how to resolve their dispute. 11\ ADR can more For all the above reasons, many people reported a high of satisfaction with ADR. Superior Court, Stanislaus offers all parties the opportunity to voice their satisfaction/dissatisfaction by completing an exit survey. Because of these advantages, many parties choose ADR to resolve a dispute, instead of filing a lawsuit. Even when a lawsuit has filed, the court can refer dispute to a neutral before the position harden and the lawsuit becomes costly. ADR been used to resolve disputes even a when the result is DISADVANTAGES OFADR ADR may not be suitable for every dispute. 11\ If ADR is the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and review for error by an Appellate court. 1 -10/12/2010 American LegalNet, Inc. www.FormsWorkFlow.com Parties must be is in an ADR process. 225 There generally is opportunity to find out about other case with ADR than with litigation. ADR may not be jf it takes the have sufficient information to resolve the dispute. 225 001The neutral may charge a fee for his or her services. 225 001If a dispute is not resolved through ADR, the may have to put time and money into both ADR and a lawsuit 225 Lawsuits must be brought within of careful not to let a statute of limitations run out while a PROGRAM ASSISTANCE CRLA (California Rurall.egal Assistance) Superior Stanislaus and our local CRLA works with the court to provide and education to pro255per patrons of the Court who are, or desire to in landlord/tenant and other housing matters. These matters also include Small Claims Court. PROJECT SENTINEL Superior Court, Stanislaus and Project Sentinel work out of our Self Help Center on Fridays and also assist with Resolution Programs Act (DRPA) and Small questions. WORKSHOPS PARENTAGE WORKSHOP This workshop is for parents who are not married to the -other parent and wish to start a case for custody, visitation and child support. The workshop will last approximately 3 hours and will be held every Monday morning. :...===.::.::.....:.:.:..::= arrive and sign in by 8:30 a.m. to attend workshop. .. 001Children's names, dates of birth, and all addresses where have lived for the last 5 years . .. DIVORCE, LEGAL SEPARATION OR ANNULMENT WORKSHOP This workshop is for those wishing to file for divorce, legal separation or an annulment The workshop will last approximately 3 hours and will be held every Tuesday morning. .. Children's names, dates of birth, and all addresses where they have lived for the last 5 years. .. List of all debts or property, whether in your name alone, your spouse's name, or both your names . .. ORDER TO SHOW CAUSE WORKSHOP This workshop is for parties who have an existing action for Divorce/Lega! Separation, Paternity or Department of Child Support Services and want to request a hearing for custody and visitation orders or support orders. The workshop wil! last approximately 3 hours and held every Wednesday morning. Attendees must arrive and sign in by 8:30 a.m. to attend workshop. 2 -10/12/2010 001 American LegalNet, Inc. www.FormsWorkFlow.com Copies of all documents filed with the court, including all current orders for custody/visitation and child/spousal support. GUARDIANSHIP WORKSHOP This workshop is for those wishing to start a case to obtain custody of a minor other than their own child. The workshop will last 2 hours and will be held every Wednesday afternoon. DEFAULT JUDGMENT WORKSHOP This workshop is for those who have filed for Divorce, or Annulment and at least thirty (30) days have passed since the other party was served, no Response was filed the for Default has been filed. The workshop will last approximately 3 hours and held every Thursday morning, 225 Copies of all documents filed with the court, including ali current orders for custody/visitation and child/spousal support 225 of the Schedule of Assets and Debts (Form 225 with 1 addressed to you and 1 addressed to the other party. 225 Enough change to make your own copies, IMPORTANT: You a Proof of Service of Summons to Enter Default (FL-1 Income and Declaration Schedule of Assets and Debts (FL-1 and Declaration Regarding Service ) with the Clerks' office prior to attending this class. OPEN CLINIC This workshop is for those individuals who are unable to attend any of the scheduled workshops, or have other legal matters not covered by workshops, or would like assistance with the completion of court forms and/or instructions on the "next step" in their legal proceeding, This workshop is held every afternoon Monday thru Thursday. 225 Copies of all documents filed with the court 225 Enough to make your own 3 -10/12/2010 001 American LegalNet, Inc. www.FormsWorkFlow.com MEDIATION GUIDELINES (For inclusion in ADR Packet) Before the CMC (Case Management All parties are to meet-and-confer with the opposing side before the CMC pursuant to California of Court Alternative resolution is If agree to mediation they must to mediation by filling out a STAN-100 (attached). At theCMC Management Conference), the judge will determine if case is suitable for Voluntary Mediation. 225 001All must be to discuss Resolution at the CMe. The may order case into Judicial Arbitration. If agree to in Voluntary Mediation in lieu of Judicial Arbitration, the court will have available the ADR Packet which includes attached and our 001Stipulation and Order to ADR form a 225 001When parties agree to participate in mediation they must also agree to the mediator. You may select a mediator from the court provided panel (attached and available on court 225 001Contact the mediator and his or her signature on the STAN-lOO form before it is filed. Don't forget both parties must sign the Stipulation form 225 001If and the opposing wishes, you may the court randomly select a mediator for your case, by indicating on the STAN-100 form STAN-IOO form 225 001You have days to select a mediator and return STAN-100 form with $400 ($200 for to the party) 225 001into Voluntary Mediation program this Mediation 225 If you your own mediator set up mediation as soon as possible. A mediator might not be to schedule the mediation for a few weeks or even months. You must