Alameda County Superior Court
Civil Court Self Help - ADR

What is ADR?

This section tells you about:

1. What Is ADR?
2. Advantages of ADR
3. Alternatives to going to court
4. Local Rule on ADR
    

1.       What Is ADR?

Alternative Dispute Resolution ("ADR" for short) is the common name for many different ways of settling a disagreement without suing in court.

ADR includes mediation, arbitration, neutral evaluation, special masters and referees, binding arbitration and settlement conference.

 

2. Advantages of ADR
   
   ADR can work better than suing in several ways:
    
• ADR can save time.
  You can settle the problem in a few months, or even weeks. Going to court can take years.
   
• ADR can save money.
  The faster you settle, the less you usually pay your lawyer, the Court, and anyone else.
   
• In ADR you are more involved.
  Parties get a chance to talk about their concerns and control the outcome, instead of focusing only on legal rights.
   
• ADR can give you more control and is more flexible.
  You and the other parties choose the kind of ADR that you think will be best for you. You will have more control over the time, place and pace of the process.
   
• ADR can reduce stress.
  In ADR, the parties get to talk and work with each other. ADR can keep things from turning into a fight.

Surveys show that people who have used ADR were much more satisfied than people who went through a lawsuit.

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3.       Alternatives to going to court

There are public and private mediation programs in our area that can help you solve your problem outside of court.

You can also look for a mediator in the phone book. Look under "Mediator". You can also check the Mediator Database at the ADR section of the Court's main website.

Binding arbitration is also a kind of ADR. It is sometimes called private arbitration. It is when the parties agree to have a third person, an arbitrator, decide their case instead of going to court.

The arbitrator becomes the judge, and the parties get to tell their side of the problem at a hearing. The arbitrator gives a written decision, which is final.

Binding arbitration is different from judicial arbitration. Judicial Arbitration is a Court-sponsored program where either party can reject the arbitrator's decision and go ahead with a trial.

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4. Local Rule on ADR
   
   Alameda County Superior Court believes ADR can help every case. The court encourages parties to use ADR.

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