Fresno — ADR Civil Information Pack

Source: https://www.fresno.courts.ca.gov/alternative_dispute_resolution/adr_civil/SHP-36 ADR Information Pack.pdf

Alternative Dispute Resolution Information Packet

Overview & History Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper, and less stressful than going to court. Most importantly, the use of ADR can provide greater satisfaction with the way disputes are resolved.

ADR has been gradually evolving within the Fresno Superior Court for the past several years. In 1999 the Court recognized a need for greater public access to dispute resolution for cases and established an ADR Department. This department assists parties by providing information regarding ADR processes and services.

CivilStandingOrderRegardingADR:

In 2006, a Case Management Conference (CMC) Standing Order 07-0628, was implemented requiring parties in general civil cases filed in Fresno County Superior Court to participate in ADR prior to trial. This order and supporting ADR forms can be found on the court’s website, www.fresno.courts.ca.gov under the “Forms,” section. Please note, participation in ADR does not eliminate the need for proper and timely filing of case documents, such as an Answer to Complaint.

Disputes

ADR techniques have been used successfully in a variety of disputes involving individuals, small and large businesses, government, and the general public. Various types of ADR processes are available depending on the nature of the dispute. Many types of conflict often lend themselves to an alternative and informal method of dispute resolution. Some examples of disputes often settled by ADR include but are not limited to: • Business disputes- contracts, partnerships • Property / Land use disputes- property transfers, boundaries, easements • Family disputes – divorce, property, custody, visitation, support issues • Consumer / Collection disputes - repairs, services, warranties, debts • Employment disputes- employment contracts, terminations • Landlord / Tenant disputes- evictions, rent, repairs, security deposits • Neighborhood disputes / Relational disputes or other civil or personal conflicts • Personal Injury / Insurance disputes- accidents, coverage, liability

Processes: The most common forms of ADR are Mediation, Arbitration, and Case Evaluation. In most ADR processes, a trained, impartial person decides or helps the parties reach resolution of their dispute together. The persons are neutrals who are normally chosen by the disputing parties or by the court. Neutrals can often

help parties resolve disputes without having to go to court or trial. Below is a description of commonly used processes:

Mediation In mediation, the mediator (a neutral) assists the parties in reaching a mutually acceptable resolution of their dispute. Unlike lawsuits or some other types of ADR, the mediator does not decide how the dispute will be resolved, the parties do. It is a cooperative process guided by the mediator to create an agreement that addresses each person’s interests. Mediation often leads to better communication between the parties and lasting resolutions. It is particularly effective when parties have a continuing relationship, such as neighbors or businesses. It also is very effective where personal feelings are getting in the way of a resolution. Mediation normally gives the parties a chance to express their concerns in a voluntary and confidential process while working towards a resolution. The mediation process is commonly used for most civil case types and can provide the greatest level of flexibility for parties.

Arbitration In arbitration, the arbitrator (a neutral) reviews evidence, hears arguments, and makes a decision (award) to resolve the dispute. This is very different from mediation whereby the mediator helps the parties reach their own resolution. Arbitration is generally quicker, less expensive and less formal than a lawsuit. An arbitrator can often hear a case in a matter of hours rather than days in a trial. This is because the evidence can be submitted by documents rather than by testimony.

1. Binding Arbitration: Usually conducted by a private arbitrator, this process takes place outside of the Court. "Binding" means that the arbitrator's decision (award) is final and there will not be a trial or an opportunity to appeal the decision.

2. Non-Binding Arbitration: May be ordered through the Court (Judicial Arbitration) or conducted privately. In this process, the arbitrator's decision is “not binding.” This means that if a party is not satisfied with the decision of the arbitrator, they can file a request for trial with the court within a specified time. However, depending on the process if that party does not receive a more favorable result at trial, they may have to pay a penalty.

Case Evaluation In case evaluation, the evaluator (a neutral) gives an opinion on the strengths and weaknesses of each party's evidence and arguments. Each party gets a chance to present their case and hear the other side. This may lead to a settlement, or at the least, help the parties prepare to resolve the dispute later. Case evaluation, like mediation, can come early in the dispute and save time and money. The case evaluation process is most effective when parties have an unrealistic view of the dispute, need outside assistance in determining case value, and have technical or procedural questions to be worked out. This process is sometimes used in combination with mediation or arbitration.

ADR Agreements: Agreements reached through ADR are normally put into writing and can become binding contracts that are enforceable in court. Parties may choose to seek the advice of an attorney as to your legal rights and other matters relating to the dispute before finalizing any agreement.

ADR Process Selection & Information: There are several other types of ADR. Some of these include Conciliation, Settlement Conference, Fact Finding, Mini-Trial, Victim Offender Conferencing, and Summary Jury Trial. Sometimes parties will try a combination of ADR types. The important thing is to find the type of ADR that is most likely to resolve the dispute. Contact the ADR department staff for assistance for additional information and referral to services appropriate for each specific case.

Advantages & Disadvantages of ADR:

Advantages Often quicker than going to trial, a dispute may be resolved in a matter or days or weeks instead of months or years. Often less expensive, saving the litigants court costs, attorney's fees and expert fees. Permits more participation and empowerment, allowing the parties the opportunity to tell their side of the story and have more control over the outcome. Allows for flexibility in choice of ADR processes and resolution of the dispute. Fosters cooperation by allowing the parties to work together with the neutral to resolve the dispute and mutually agree to a remedy. Often less stressful than litigation. Most people have reported a high degree of satisfaction with ADR.

Because of these advantages, many parties choose ADR to resolve disputes instead of filing a lawsuit. Even after a lawsuit has been filed, the court can refer the dispute to a neutral before the lawsuit becomes costly. ADR is even used to resolve disputes after trial, when the result is appealed.

Disadvantages ADR may not be suitable for every dispute. If the ADR process 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. 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 the dispute is not resolved through ADR, the parties may then have to face the usual and traditional costs, such as attorney's fees and expert fees. Lawsuits must be brought within specified periods of time, known as Statutes of Limitations. Parties must be careful not to let a Statute of Limitation run while a dispute is in an ADR process

Neutral Selection:

The selection of a neutral is an important decision. Please note that currently there is no legal requirement that the neutral be licensed or hold any particular certificate. However, many programs and the Court have established qualification requirements and standards of conduct for their neutral panels.

Mediation Services Offered by Fresno County Superior Court

Mediation Practitioner Panel:

Fresno County Superior Court, Alternative Dispute Resolution (ADR) Department maintains a fee-for- service Mediation Panel as a public service for court litigants and the community. Those listed have met the Court's eligibility requirements and have agreed to abide by the Court’s professional standards of conduct in order to participate as a panel member. The panel list can be found on the Court’s website under the Alternative Dispute Resolution link, www.fresno.courts.ca.gov/alternative_dispute_resolution/

Free / Low Cost ADR Service Options

For cases involving self-represented litigants or those unable to afford a private mediator, the court contracts with the following organization to provide free or low cost mediation services through Dispute Resolution Program Act (DRPA) funding. • Better Business Bureau Mediation Center - This organization provides mediation for family law property disputes, small claims, landlord / tenant, business, consumer/ merchant, harassment, and neighborhood disputes. For more information about their services go to www.bbb.org/central-california-inland-empire/programs-services/mediation-services

2600 W. Shaw Lane Fresno, CA 93711 559.256.6300 (phone) 800.675.8118, ext. 300 (toll free)

For more information, go to www.fresno.courts.ca.gov/alternative_dispute_resolution or contact: Mari Henson, Administrator Carlos Guzman, Asst. Administrator 1130 “O” Street, Fresno, CA. 93724 1130 “O” Street, Fresno. CA. 93724 TEL (559) 457-1908, FAX (559) 457-1691 TEL (559) 457-1909, FAX (559) 457-1691 mhenson@fresno.courts.ca.gov cguzman@fresno.courts.ca.gov

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY

TELEPHONE NO: FAX NO: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO 1130 "O" Street Fresno, California 93724-0002 (559) 457-1909 PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

STIPULATION REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR)

The parties stipulate that they will engage in the following Alternative Dispute Resolution (ADR) process:

Mediation Arbitration Neutral Case Evaluation Other

The parties further stipulate that has been selected as the mediator/arbitrator/neutral.

Address:

City, State, Zip

Phone Number: ( )

The parties acknowledge that they shall engage in some form of Alternative Dispute Resolution (ADR). The selected ADR process must be completed prior to the Mandatory Settlement Conference. Unless excused by the Court upon a timely showing of good cause by written declaration, failure to complete ADR may result in the cancellation of a Mandatory Settlement Conference and Court-imposed sanctions.

Parties will be required to file an Alternative Dispute Resolution (ADR) Status Report at least 10 court days prior to the Mandatory Settlement Conference. Failure to do so may result in sanctions at an Order to Show Cause (OSC) hearing set by the court.

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

Additional signatures on Stipulation Regarding Alternative Dispute Resolution (ADR) Attachment

TADR-01 R08-20 STIPULATION REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR) MANDATORY

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO 1130 "O" Street Fresno, California 93724-0002 (559) 457-1909

CASE TITLE:

STIPULATION REGARDING ALTERNATIVE DISPUTE CASE NUMBER:
RESOLUTION (ADR) ATTACHMENT

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

Date Type or Print Name Signature of Party or Attorney for Party

TADR-02 R11-11 STIPULATION REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR) ATTACHMENT MANDATORY Page 1 of 1

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY

TELEPHONE NO: FAX NO: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO 1130 "O" Street Fresno, California 93724-0002 (559) 457-1909 PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

ALTERNATIVE DISPUTE RESOLUTION STATUS REPORT (ADR)

Type of Civil Case: Personal Injury – Property Damage/Auto Personal Injury – Property Damage Contract Other

Date Complaint Filed:

Amount in controversy: $0 to $25,000 $25,000 to $50,000 $50,000 to $100,000 Over $100,000.00 (specify)

Date of Alternative Dispute Resolution (ADR) Conference: Name, address, and telephone number of person who conducted the Alternative Dispute Resolution (ADR) Conference:

Case resolved by Alternative Dispute Resolution: Yes (proper filing of a Notice of Settlement or Dismissal form is required by clerk’s office) No Reason:

Alternative Dispute Resolution process concluded:

Yes

No Reason for delay: Next scheduled hearing date:

Type of resolution process used: Mediation Arbitration Neutral Case Evaluation Other (specify):

Case was resolved by: Direct Result of ADR Process Indirect Result of ADR Process Resolution was unrelated to ADR Process If case went through ADR and resolved, estimate the closest dollar amount that was saved in attorney fees and/or expert witness fees by participating in the process. $0 $250 $500 $750 $1,000 More than $1,000 (specify) If case went through ADR and did not resolve, estimate the closest dollar amount of additional costs incurred due to participation in the ADR process. $0 $250 $500 $750 $1,000 More than $1,000 (specify)

TADR-03 R11-011 ALTERNATIVE DISPUTE RESOLUTION STATUS REPORT (ADR) Page 1 of 2 MANDATORY

Case Number:

Check the closest estimated number of court days you saved in motions, hearings, conferences, trials, etc. as a direct result of this case being referred to this dispute resolution process:

0 Days 1 Day More than 1 day (specify)

If the dispute resolution process caused an increase in court time for this case, please check the estimated number of additional court days:

0 Days 1 Day More than 1 day (specify)

I would be willing to use the dispute resolution process again:

Yes No

Please provide any additional comments below regarding your experience with the ADR process:

TADR-03 R11-11 ALTERNATIVE DISPUTE RESOLUTION STATUS REPORT (ADR) Page 2 of 2 MANDATORY