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Alternative Dispute Resolution Methods in California
Alternative dispute resolution (ADR) methods resolve conflicts without going to court. These methods are becoming increasingly popular because they are often quicker, less expensive, and less adversarial than going to court. Here are some standard ADR methods:
Mediation
Mediation is a voluntary process in which a neutral third party, called a mediator, helps two or more parties reach a mutually acceptable resolution to their dispute. The mediator does not decide for the parties but helps them communicate and negotiate to find a solution that works for everyone.
In California, the courts offer mediation services for some instances, such as family law and small claims. Private mediators are also available for hire.
For more information on mediation in California, visit the California Courts website.
Arbitration
Arbitration is when a neutral third party, called an arbitrator, decides for the parties. The decision is binding and enforceable in court. Arbitration can be voluntary or mandatory, depending on the parties’ agreement.
Arbitration is often used in business disputes, employment disputes, and disputes between consumers and companies. In California, the courts offer arbitration services for some instances, such as automobile accidents and personal injury.
For more information on mediation in California, visit the California Courts website.
Collaborative Law
Collaborative law is a process in which each party has its attorney, but the attorneys work together to settle outside of court. The parties and their attorneys sign a participation agreement that sets out the ground rules for the process, including a commitment to reach a mutually acceptable resolution.
Collaborative law is often used in family law disputes, such as divorce and child custody cases. In California, the California State Bar Association regulates collaborative law.
Negotiation
When two or more parties aim to reach a mutually acceptable resolution for their dispute, it is referred to as negotiation. Negotiation can either take place outside of the court or be part of a court-ordered settlement conference. Business disputes, contract disputes, and personal injury cases are some scenarios where negotiation is commonly employed. In California, the courts offer settlement conference services for some instances, such as civil and family law cases.
For more information on settlement conferences in California, visit the California Courts website.
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