A A A 
Loading
Alternative Dispute Resolution (ADR)

This is a compilation of information and resources about alternative means of resolving disputes that are available at the Humboldt County Superior Court, including background information, links & downloads, and frequently asked questions.

Background: The Humboldt County Superior Court offers this Alternative Dispute Resolution (ADR) information to assist those who have or may have lawsuits pending before the court to help them decide if ADR could be an alternate way to resolve their disputes.

Mediation

ADR - an alternative to going to court

Frequently Asked Questions

While various forms of ADR are described in this web page, these FAQs describe ADR generally and mediation specifically, because mediation is likely to be the most used ADR method.

ADR FAQs

1. What is alternative dispute resolution (ADR)?

ADR is a process offered by the court and others to help people resolve their disputes without going to trial. By using ADR you may not have to file a lawsuit, and if you do file a lawsuit, you may be able to avoid a trial. ADR is usually less formal, less expensive, and less time-consuming than a trial and may also give the parties more control over when and how their dispute is resolved.

2. What is the court's ADR policy?

It is the policy of the Humboldt County Superior Court to strongly support the use of ADR in all general civil cases. The court recognizes the value of early case intervention and the use of alternative dispute resolution options for amenable and eligible cases. The use of ADR will be discussed at all case management and pre-trial conferences. It is the court's expectation that litigants will utilize some form of ADR - i.e. the court's mediation and arbitration programs or other available private ADR options in an attempt to settle a case before trial.

The court also provides litigants with information about ADR and a list of mediators which litigants can choose from if they want to try to resolve their case through mediation. The list of mediators is available on this website, or by contacting the court's ADR Coordinator. You can also contact the court's ADR Coordinator for further information about the court's civil mediation program.

3. What types of ADR are available in civil cases?

The most commonly used ADR processes are mediation, arbitration, settlement conferences and neutral evaluation.

Mediation
In mediation, an impartial person called a "mediator," helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves. Mediation leaves control of the outcome with the parties.

Arbitration
In arbitration, a neutral person called an "arbitrator", hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are often relaxed. Arbitration may be either "binding" or "nonbinding."

Settlement Conferences
Settlement conferences may be either mandatory or voluntary. In both types of settlement conferences, the parties and their attorneys meet with a judge (or a temporary judge) to discuss possible settlement of their dispute. The judge does not make a decision in the case but assists the parties in evaluating the strengths and weaknesses of the case and in negotiating a settlement. Mandatory settlement conferences are often held close to the date a case is set for trial.

Neutral Evaluation
In neutral evaluation, each party gets a chance to present the case to a neutral person called an "evaluator". The evaluator then gives an opinion on the strengths and weaknesses of each party's evidence and arguments and about how the dispute could be resolved. The evaluator is often an expert in the subject matter of the dispute. The evaluator's opinion is not binding, but the parties typically use it as a basis for trying to negotiate a resolution to the dispute. At this time, the Humboldt County Superior Court does not have a formal Neutral Evaluation process in place, although parties may elect to use these services on their own.

4. How is the ADR process initiated?

A mediation process may be initiated by the parties at any time after all parties have appeared in the case, by filing a Stipulation to Mediate form. The court can provide you with a list of mediators that you can choose from. The list of mediators is available on this website, or by contacting the court's ADR Coordinator. You can also contact the court's ADR Coordinator for further information about the court's civil mediation program.

If the parties do not otherwise agree to use ADR, these options will be discussed at the Case Management Conference, which is held approximately 120 after the case is filed. It is the court's expectation that litigants will utilize some form of ADR such as the court's mediation and arbitration programs or other available private ADR options for case settlement before trial. The court may refer (on a voluntary basis) cases to arbitration or civil mediation. In certain cases, the court may order parties to judicial arbitration or a settlement conference.

5. How long does it take?

The time for an ADR process varies depending upon the complexity of the case. Most cases require only one meeting to come to a resolution, but some cases may require additional sessions. All of the ADR processes must be completed by a date set by the judge, usually within 90-120 days of the date on which the judge referred the case to an ADR process.

6. What are my responsibilities if a case settles before the ADR session?

If a settlement occurs prior to a scheduled ADR session, counsel for the parties, or the parties, should immediately notify the court as well as the mediator, arbitrator or settlement judge.

7. What if I don't have a lawyer and need more information?

Refer to the California Courts Self Help Center for more information.

8. Can I resolve my case without going to trial?

Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. Parties can save significant time and money if they choose to settle their case out of court by using Alternative Dispute Resolution (ADR). ADR options include mediation, arbitration, and neutral evaluation. You can find further information on different types of Alternative Dispute Resolution at http://www.courts.ca.gov/programs-adr.htm.

9. Can Humboldt County Superior Court help me resolve my case without going to trial?

The Humboldt County Superior Court offers a Voluntary Civil Mediation Program, where the parties can choose from among a court-provided list of mediators. The parties must make payment arrangements with the chosen mediator, but many of the court-approved mediators offer the first hour or two of mediation for free. If you would like further information about the court’s Voluntary Mediation Program, including the list of court-approved mediators, you can contact the court’s ADR Coordinator by phone at 707-269-1283.


MEDIATION FAQs

10. What is mediation?

Mediation is a confidential, non-binding process in which a trained mediator acts as a neutral person who facilitates communication between disputants and assists parties in reaching a mutually acceptable resolution of all or part of their dispute. The mediator is not the decision-maker and does not resolve the dispute - the parties do. A mediator is often able to more fully explore the parties' underlying interests, needs and priorities. Mediation is a flexible and less formal process that may reduce the time and costs often associated with a formal trial.

11. When is mediation appropriate?

Mediation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbors, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties and help them communicate with each other in an effective and constructive manner

12. When may mediation be inappropriate?

Mediation may not be effective if one of the parties is unwilling to cooperate or compromise. Mediation also may not be effective if one of the parties has a significant advantage in power over the other. Therefore, mediation may not be a good choice if the parties have a history of abuse or victimization.

13. How do I choose a mediator?

To download the court's Mediator Panel List, click here. Many private mediators and organizations offering mediation services have websites or advertise in various publications, including the yellow pages. Another source for mediation services is the California Department of Consumer Affairs, Consumer Information Center, Toll free, 1-800-952-5210.

14. How much does it cost?

If parties agree to use a mediator on the court's Mediator Panel List, the mediator's hourly rate and related costs are indicated on the list (though these amounts may change before the list is able to be updated). The mediator's charges are split between the parties.

15. Who must attend the mediation?

All parties, their counsel and persons with full authority to settle the case must personally attend the mediation, unless excused by the court for good cause. If consent to settle is required for any reason, the party with the consent authority must also be personally present at the mediation.

16. What is the role of the mediator?

The mediator is an impartial neutral intermediary whose role is to help the participants reach a settlement. The mediator will not impose a settlement, but will assist the parties in exploring settlement options. Generally, the mediator does not communicate with the court except to file a Statement of Agreement/Non-Agreement.

17. Is mediation confidential?

Except as otherwise provided by the California Evidence Code or California law, all communications, negotiations, or settlement discussions in the course of a mediation or mediation consultation are confidential and are not admissible or subject to discovery.

18. How do I prepare for the mediation?

You and your attorney should be prepared to discuss all relevant issues in your case. Before the mediation session, you and your attorney should discuss the mediation process and understand it is confidential and non-binding. You should be prepared to state your position and to listen carefully to the other side. Persuasive and forceful communication is permitted, but civility and mutual respect is vital. Hostile or argumentative tactics are likely to cause positions to become entrenched and thus discourage progress. Some mediators also require pre-mediation briefs describing the background of a case.

19. How do I make a complaint about a mediator?

If you have a complaint or a concern about a mediator on the court's panel, please refer to the Humboldt County Local Rules of Court for the Mediator Complaint Process or contact the court's ADR Complaint Coordinator directly.



© 2014 Superior Court of the County of Humboldt
Contact | Jobs | ADA