| Advantages of ADR
- ADR can be speedier. A dispute often can be resolved
in a matter of months, even weeks, through ADR, while a lawsuit
can take years.
- ADR can save money. Court costs, attorneys fees,
and expert fees can be saved.
- ADR can permit more participation. The parties
may have more chances to tell their side of the story than in
Court and may have more control over the outcome.
- ADR can be 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.
- ADR can be cooperative. This means that the parties
having a dispute may work together with the neutral to resolve
the dispute and agree to a remedy that makes sense to them, rather
than work against each other.
- ADR can reduce stress. There are fewer, if any,
Court appearances. In addition, because ADR can be speedier, and
save money, and because the parties are normally cooperative,
ADR is easier on the nerves. The parties don't have a lawsuit
hanging over their heads for years.
- ADR can be more satisfying. For all the above reasons,
many people have reported a high degree of satisfaction with ADR.
Because of these advantages, many parties choose ADR to resolve
a dispute, instead of filing a lawsuit. Even when a lawsuit
has been filed, the Court can refer the dispute to a neutral before
the parties' positions harden and the lawsuit becomes costly.
ADR has been used to resolve disputes even after a trial, when the
result is appealed.
Disadvantages of ADR
ADR may not be suitable for every dispute
- If ADR is binding, 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 legal error by an appellate
Court.
- There generally is less opportunity to find out about the other
side's case with ADR than with litigation. ADR may not be
effective if it takes place before the parties have sufficient
information to resolve the dispute.
- The neutral may charge a fee for his or her services.
- If a dispute is not resolved through ADR, the parties may have
to put time and money into both ADR and a lawsuit.
- Lawsuits must be brought within specified periods of time, know
as statutes of limitation. Parties must be careful not to
let a statute of limitations run out while a dispute is in an
ADR process.
ADR Options
The Court currently offers the following ADR options:
Judicial Arbitration: Judicial Arbitration is a binding
or non-binding process where an arbitrator applies the law to the
facts of the case and issues an award. The goal of judicial
arbitration is to provide parties with an adjudication that is earlier,
faster, less formal and less expensive than trial. The arbitrator's
award may either become the judgment in the case if all parties
accept or if no tiral de novo is requested within the required time.
either party may reject the award and request a trial de novo before
the assigned judge if the arbitration was non-binding. If
a trial de novo is requested, the trial will usually be scheduled
within a year of the filing date.
Parties may stipulate to binding or non-binding judicial arbitration
or the judge may order the matter to arbitration at the case management
conference, held approximately 150 days after filing, if a case
is valued at under $50,000 and is "at issue". The
Court maintains a panel of approved judicial arbitrators who have
practiced law for a minimum of five years and who have a certain
amount of trial and/or arbitration experience. In addition,
if the parties select an arbitrator from the Court's panel, the
Court will pay the arbitrator's fees.
Please see Amador County Superior Court
Local Rules of Court
for more information regarding judicial arbitration.
Settlement Conferences: The goal of a settlement conference
is to assist the parties in their efforts to negotiate a settlement
of all or part of the dispute. Amador County Superior Court
Local Rules of Court allows any party to request a settlement conference
or the parties may stipulate to a settlement conference. The
settlement conference may be conducted before the judge assigned
to the case, another assigned judge or a pro tem appointed to act
as settlement officer. The Court may also order a case to
a mandatory settlement conference prior to trial.
Other ADR options, not currently offered through the Court, include:
Voluntary ADR: Parties may voluntarily stipulate to
private mediation, private binding or non-binding arbitration, private
early neutral evaluation or private judging outside the Court system
at any time.
Court Ordered Mediation: Mediation is a non-binding
process in which a trained mediator 1) facilitates communication
between disputants, and 2) assists parties in reaching a mutually
acceptable resolution of all or part of their dispute. In
this process, the mediator carefully explores not only the relevant
evidence and law, but also the parties' underlying interests, needs
and priorities. The mediator is not the decision-maker and
does not resolve the dispute -- the parties do. Mediation
is a flexible, informal and confidential process that is less stressful
than a formalized trial.
The Amador County Superior Court does not currently offer mediation
as an ADR option. However, the Court is in the process of
developing a mediation program. It is anticipated that this
program will be implemented on or before January 1, 2002.
Most civil cases will be eligible for the program, with the exception
of probate, guardianship, conservatorship, family law, juvenile
court proceedings, small claims, small claim appeals, unlawful detainer
actions, class actions, multi-party/complex construction defect,
and other civil petitions.
The Court will maintain a panel of approved mediators that meet
specific qualifications and who adhere to Court approved mediator
ethics. If parties select a mediator from the Court's panel,
the Court will pay the mediator's fees for the specified term of
the Court-ordered mediation session.
For the list of the
Court's Civil Mediators click here
For Further Information
Please contact:
Alexandra Asterlin
Amador County Superior Court
500 Argonaut Lane
Jackson, CA 95642
(209) 257-2653 |
