Alameda County Superior Court
Civil Court Self Help - ADR
Types of Alternative Dispute Resolution (ADR)
This section tells
you about:
The
court can refer you to:
Mediation:
In mediation,
a neutral person (called a mediator) helps you and the other parties
to understand what each of you want from the case, and how you can all reach
your goals.
The mediator will also explain the practical and legal questions you all have
to answer. The mediator helps you explore options and agree on a solution
that everyone will accept.
The process is informal and confidential. The mediator helps you make your
own decisions.
Mediation is a good choice when you and the other parties:
- want to work together
- have a business or
personal relationship you want to keep
- have strong feelings
that are getting in the way of solving the problem, and/or
- want a kind of solution that
doesn’t involve money, like asking someone to change the way they act.
Neutral Evaluation (NE):
In neutral evaluation,
a neutral person (called an “Evaluator”) listens to you and the other parties
and reads your short written statements. Then, the Evaluator gives an opinion
on the strong and weak points of each party's case.
The evaluator’s opinion can help you understand the most important legal
issues in your case, prepare stipulations (agreements), draft discovery
plans, and give you an idea of the value and likely result if your case went to trial.
This process is informal and confidential and can help you and the other
parties solve your problems.
Neutral Evaluation is a good option when you and the other parties:
- are far apart in what
you think of the law or value of the case
- have a case that
involves a technical issue about which the evaluator has special
knowledge
- need help to plan your
case, to save on legal fees and costs, or
- are interested in a kind of
solution that doesn’t involve money; like, having someone change the
way they act.
Arbitration:
In Arbitration, a neutral person (called the “arbitrator”) hears the evidence
and the arguments of the parties, then makes a decision on your case. The
arbitrator can be a judge or a private neutral.
You and the parties can agree to binding (final) or non-binding (advisory) arbitration.
If you choose binding arbitration,
the arbitrator’s decision will be final and you will not go to trial. You
cannot appeal a binding
arbitration decision.
If you choose non-binding arbitration,
either you or the other party can reject the arbitrator’s decision and ask
for a trial.
Arbitration may be a good option when you and the other parties want:
- witnesses to testify
under oath, or
- a (non-binding) opinion
from an experienced trial lawyer, or
- if the only thing you are
asking for is money, which is called “damages”.
Arbitration
is usually informal.
Mandatory Settlement Conference:
Mandatory Settlement Conferences are informal meetings held at court. They
are held in every case that would take more than one day in trial, usually
the week before the trial date is set.
The neutral person (a judge or an experienced lawyer) meets with you and the
other parties or your attorneys at the Courthouse. The neutral hears both
sides of the dispute, and encourages you to come to a resolution that is
acceptable for all of you.
Settlement conferences can be effective when the authority or expertise of a
neutral helps the parties find a resolution.
- Who to talk to about your
ADR options
The Alameda County ADR Program provides a list of mediators, neutral evaluators, and private arbitrators.
You can download this list from the ADR section of the court's main website.