Superior Court of California, County of Alameda Alternative Dispute Resolution (ADR) Information Packet The person who files a civil lawsuit (plaintiff) must include the ADR Information Packet with the complaint when serving the defendant. Cross complainants must serve the ADR Information Packet on any new parties named to the action. The Court strongly encourages the parties to use some form of ADR before proceeding to trial. You may choose ADR by: · · · Indicating your preference on Case Management Form CM-110; Filing the Stipulation to ADR and Delay Initial Case Management Conference for 90 Days (a local form included with the information packet); or Agree to ADR at your Initial Case Management Conference. QUESTIONS? Call (510) 891-6055. Email adrprogram@alameda.courts.ca.gov Or visit the court's website at http://www.alameda.courts.ca.gov/adr What Are The Advantages Of Using ADR? · · · · · Faster ­Litigation can take years to complete but ADR usually takes weeks or months. Cheaper ­ Parties can save on attorneys' fees and litigation costs. More control and flexibility ­ Parties choose the ADR process appropriate for their case. Cooperative and less stressful ­ In mediation, parties cooperate to find a mutually agreeable resolution. Preserve Relationships ­ A mediator can help you effectively communicate your interests and point of view to the other side. This is an important benefit when you want to preserve a relationship. What Is The Disadvantage Of Using ADR? · You may go to court anyway ­ If you cannot resolve your dispute using ADR, you may still have to spend time and money resolving your lawsuit through the courts. What ADR Options Are Available? · Mediation ­ A neutral person (mediator) helps the parties communicate, clarify facts, identify legal issues, explore settlement options, and agree on a solution that is acceptable to all sides. o Court Mediation Program: Mediators do not charge fees for the first two hours of mediation. If parties need more time, they must pay the mediator's regular fees. ADR Info Sheet.Rev. 12/15/10 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Some mediators ask for a deposit before mediation starts which is subject to a refund for unused time. o Private Mediation: This is mediation where the parties pay the mediator's regular fees and may choose a mediator outside the court's panel. · Arbitration ­ A neutral person (arbitrator) hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is less formal than a trial and the rules of evidence are often relaxed. Arbitration is effective when the parties want someone other than themselves to decide the outcome. o Judicial Arbitration Program (non-binding): The judge can refer a case or the parties can agree to use judicial arbitration. The parties select an arbitrator from a list provided by the court. If the parties cannot agree on an arbitrator, one will be assigned by the court. There is no fee for the arbitrator. The arbitrator must send the decision (award of the arbitrator) to the court. The parties have the right to reject the award and proceed to trial. o Private Arbitration (binding and non-binding) occurs when parties involved in a dispute either agree or are contractually obligated. This option takes place outside of the courts and is normally binding meaning the arbitrator's decision is final. Mediation Service Programs In Alameda County Low cost mediation services are available through non-profit community organizations. Trained volunteer mediators provide these services. Contact the following organizations for more information: SEEDS Community Resolution Center 2530 San Pablo Avenue, Suite A, Berkeley, CA 94702-1612 Telephone: (510) 548-2377 Website: www.seedscrc.org Their mission is to provide mediation, facilitation, training and education programs in our diverse communities ­ Services that Encourage Effective Dialogue and Solution-making. Center for Community Dispute Settlement 291 McLeod Street, Livermore, CA 94550 Telephone: (925) 373-1035 Website: www.trivalleymediation.com CCDS provides services in the Tri-Valley area for all of Alameda County. For Victim/Offender Restorative Justice Services Catholic Charities of the East Bay: Oakland 433 Jefferson Street, Oakland, CA 94607 Telephone: (510) 768-3100 Website: www.cceb.org Mediation sessions involve the youth, victim, and family members work toward a mutually agreeable restitution agreement. ADR Info Sheet.Rev. 12/15/10 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com ALA ADR-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, ALAMEDA COUNTY STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: STIPULATION TO ATTEND ALTERNATIVE DISPUTE RESOLUTION (ADR) AND DELAY INITIAL CASE MANAGEMENT CONFERENCE FOR 90 DAYS INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. This stipulation is effective when: · · 1. All parties have signed and filed this stipulation with the Case Management Conference Statement at least 15 days before the initial case management conference. A copy of this stipulation has been received by the ADR Program Administrator, 1225 Fallon Street, Oakland, CA 94612. . An Initial Case Management Conference is scheduled for: Time: Department: Date complaint filed: Date: 2. Counsel and all parties certify they have met and conferred and have selected the following ADR process (check one): Court mediation Private mediation Judicial arbitration Private arbitration 3. All parties agree to complete ADR within 90 days and certify that: a. b. c. d. e. f. g. No party to the case has requested a complex civil litigation determination hearing; All parties have been served and intend to submit to the jurisdiction of the court; All parties have agreed to a specific plan for sufficient discovery to make the ADR process meaningful; Copies of this stipulation and self-addressed stamped envelopes are provided for returning endorsed filed stamped copies to counsel and all parties; Case management statements are submitted with this stipulation; All parties will attend ADR conferences; and, The court will not allow more than 90 days to complete ADR. I declare under penalty of perjury under the laws of th