How does ADR work in California?
Legal trials may not always be the best way to resolve legal disputes. Sometimes, alternative dispute resolution can be a cheaper, quicker and less stressful means to settle disputes. California uses ADR methods such as mediation, settlement conferences, neutral evaluation and arbitration. Arbitration A neutral arbitrator hears arguments and evidence from each party and then decides the dispute outcome. Arbitration is less formal than a trial. Arbitrations may be binding. Parties waive their rights to a trial and agree that the arbitrator’s decision is final. Usually, bindings decisions cannot be appealed. In nonbinding arbitration, the parties may request a trial if they do not accept the arbitrator’s decision. Penalties may apply if trial does not result in a more favorable decision. Arbitration may be appropriate if the parties want another person to decide their dispute without undergoing a trial. It is also helpful in complex matters where an arbitrator’s training and experience can deal with a dispute’s technical matters. Mediation An impartial mediator assists the parties with reaching a dispute resolution. Mediators do not decide disputes but help the parties communicate and reach their own resolution. Qualified mediators listen to the parties and help them effectively and positively communicate with