Kern /divisions/civil-and-small-claims/alternative-dispute-resolution

Source: https://www.kern.courts.ca.gov/divisions/civil-and-small-claims/alternative-dispute-resolution

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) is a way to settle a civil disagreement without a court trial. The Superior Court of California, County of Kern encourages parties in a civil case to explore and use Alternative Dispute Resolution. ADR includes a variety of resolution processes that are alternatives to lawsuits.

ADR includes, but is not limited to: Mediation, Neutral Evaluation and Arbitration

Mediation

Mediation is a process where a neutral person helps the parties communicate so they can settle the dispute themselves. The parties have a greater chance to participate than in a trial or arbitration. The Superior Court of California, County of Kern does not have a court mediator or neutral evaluator program.

Dispute Resolution Program Act

The Superior Court of California, County of Kern does have a California Dispute Resolution Program Act (DRPA). Through DRPA, mediation services are provided the day of your settlement conference, hearing or trial in such cases as limited civil, unlawful detainer, civil harassment, family law, and guardianship.

Arbitration

Arbitration is a process where a neutral person, rather than a judge or jury, conducts a hearing, receives evidence, and decides the outcome of the dispute. You can request Arbitration or the Judge can order Arbitration usually before the first case management statement is filed. Arbitration can be binding or non-binding. The Arbitrator will issue a written decision called an award. The arbitration award is final and is entered as the judgment in the case unless a party requests a trial. The Superior Court of California, County of Kern does use arbitrators in civil cases where the amount in controversy as to each individual plaintiff is $50,000 or less. See Local Rule 3.14.

The Kern County Superior Court is now accepting applications from attorneys who would like to be included on the Court-approved Mediator List. Interested candidates can apply here or can receive an application by contacting the ADR Coordinator at: ADRAdministrator@kern.courts.ca.gov

Mediation Resources

Better Business Bureau

Kern County Bar Association

California Bar Association

California Department of Consumer Affairs – Mediation

Judicial Branch California Courts – ADR

ADR Stipulation and Order Form

Kern County Superior Court ADR Information Packet

Court-Approved ADR Panel

Arbitration Resources

Court-Approved ADR Panel

Judicial Branch California Courts - Arbitration Process

Email ADR Coordinator