Placer — ADR Information Sheet

Source: https://www.placer.courts.ca.gov/sites/default/files/pl-cv007.pdf

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER

ALTERNATIVE DISPUTE RESOLUTION
INFORMATION SHEET

Recognizing that many civil disputes can be resolved without the time and expense of traditional
civil litigation, the Superior Court of California, County of Placer (Placer County Superior Court),
strongly encourages parties in civil cases to explore and pursue the use of Alternative Dispute
Resolution. This packet is provided in compliance with California Rules of Court, Rule 3.221.

What is Alternative Dispute Resolution?
Alternative Dispute Resolution (ADR) is the general term applied to a wide variety of dispute
resolution processes which are alternatives to lawsuits. Types of ADR processes include:

Arbitration ●Mediation ●Settlement Conferences ●Private judging
Neutral evaluation ●Mini-trials ●Negotiation and hybrids of these processes

All ADR processes offer a partial or complete alternative to traditional court litigation for resolving
disputes. At the present time, the Placer County Superior Court offers Mediation and Arbitration.

What are the advantages of using ADR?
ADR can have a number of advantages over traditional court litigation.

❖ ADR can save time. Even in a complex case, a dispute can often be resolved through
ADR in a matter of months or weeks, while a lawsuit can often take years.
❖ ADR can save money. By producing earlier settlements, ADR can save parties and
courts money that might otherwise be spent on litigation costs (attorney’s fees and court
expenses.)
❖ ADR provides more participation. Parties have more opportunity with ADR to express
their own interests and concerns, while litigation focuses primarily on the parties' legal
rights and responsibilities.
❖ ADR provides more control and flexibility. Parties can choose the ADR process most
appropriate for their particular situations and that will best serve their particular needs.
❖ ADR can reduce stress and provide greater satisfaction. ADR encourages
cooperation and communication, while discouraging the adversarial atmosphere found in
litigation. Surveys of disputants who have gone through ADR have found that satisfaction
with ADR is generally high, especially among those with extensive ADR experience.

Litigants are encouraged to use an ADR process as early in the case as circumstances permit.

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Form Adopted for Mandatory Use www.placer.courts.ca.gov Superior Court of California, County of Placer ALTERNATIVE DISPUTE RESOLUTION INFORMATION Page 1 of 2 Form No. PL-CV007 Effective 10-26-2018

Arbitration and Mediation Although there are many different types of ADR processes, the forms most commonly used to resolve disputes in California state courts are Arbitration and Mediation.

Arbitration An Arbitrator hears evidence presented by the parties, makes legal rulings, determines facts and makes an Arbitration award. Arbitration awards may be entered as judgments in accordance with the agreement of the parties or, where there is no agreement, in accordance with California statutes. Arbitration can be binding if the parties so agree in writing. If there is no such agreement, either party can reject the Arbitration award and request a trial.

The plaintiff may elect, the parties may stipulate, or the judge may Order the case to Arbitration. If a judge orders a case to arbitration, the court will send a Notice of Appointment and an appropriate Order to Arbitration to all parties. Arbitrations are conducted pursuant to California Rules of Court, rules 3.810 through 3.830, and Local Rules, Chapter 20.1.9. Unless otherwise stipulated, an Award of Arbitrator is not binding upon the parties provided they file a timely Request for Trial De Novo pursuant to California Rules of Court, rule 3.826. Upon the filing of a timely Request for Trial De Novo, the case will proceed to a Trial-Setting Conference. If no timely Request for Trial De Novo is filed, judgment based upon the Award of Arbitrator will be entered pursuant to California Rules of Court, rule 3.827.

Mediation Mediation is a voluntary, informal, confidential process in which the Mediator, a neutral third party, facilitates settlement negotiations. The Mediator improves communication by and among the parties, helps the parties clarify facts, identify legal issues, explore options and arrive at a mutually acceptable resolution of the dispute.

Parties to a civil action may agree to privately mediate their dispute with a Mediator of their choice without court assistance. The cost of Mediation must be borne by the parties equally unless the parties agree otherwise. Parties will be charged an amount set by the Mediator.

Notice Requirements Upon filing a complaint or cross-complaint, the plaintiff/cross-complainant must acquire this ADR Information Sheet from the Court Website, http://www.placer.courts.ca.gov/, or the Superior Court Clerk. Plaintiff is required to include the ADR Information Sheet when he or she serves the Complaint on the Defendant.

Parties must indicate the types of ADR process(es) the parties are willing to or have participated in on the Case Management Statement (Form CM-110) prior to the Case Management Conference.

Additional Information For more information on the specific ADR programs of the Placer Superior Court, please review the Local Rules of the Placer County Superior Court, available at all court locations and on-line at www.placer.courts.ca.gov.

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Form Adopted for Mandatory Use www.placer.courts.ca.gov Superior Court of California, County of Placer ALTERNATIVE DISPUTE RESOLUTION INFORMATION Page 2 of 2 Form No. PL-CV007 Effective 10-26-2018