SUPERIOR COURT OF CALIFORNIA,
COUNTY OF VENTURA
ALTERNAT
IVE DISP
UTE RESOLUTION (ADR) INFORMATION
Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. The courts,
community organizations, and private providers offer a variety of Alternative Dispute Resolution (ADR) processes to help
people resolve disputes without a trial. Many courts encourage or require parties to try ADR before trial, and it may be
beneficial to do this early in the case.
Below is some information about the potential advantages and disadvantages of ADR, the most common types of ADR,
and how to find a local ADR program or neutral. You can read more information about these ADR processes and watch
videos that demonstrate them at www.courtinfo.ca.gov/programs/adr/types.htm
. A form for agreeing to use ADR is
attached.
Potential Advantages and Disadvantages
ADR may have a variety of advantages or disadvantages over a trial, depending on the type of ADR process used and the
particular case:
Potential Advantages Potential Disadvantages
● Saves time ● May take more time and money if ADR does not resolve the
● Saves money dispute
● Gives parties more control over the dispute ● Procedures to learn about the other side’s case (discovery), jury
resolution process and outcome trial, appeal, and other court protections may be limited or
● Preserves or improves relationships unavailable
Most Common Types of ADR
Mediation – A neutral person called a “mediator” helps the parties communicate in an effective and constructive manner
so they can try to settle their dispute. The mediator does not decide the outcome, but helps the parties to do so.
Mediation is usually confidential, and may be particularly useful when parties want or need to have an ongoing
relationship, such as in disputes between family members, neighbors, co-workers, or business partners.
Settlement Conferences – A judge or another neutral person called a “settlement officer” helps the parties to understand
the strengths and weaknesses of their case and to discuss settlement. The judge or settlement officer does not make a
decision in the case but helps the parties to negotiate a settlement. Settlement conferences may be particularly helpful
when the parties have very different ideas about the likely outcome of a trial and would like an experienced neutral to help
guide them toward a resolution.
Arbitration – The parties present evidence and arguments to a neutral person called an “arbitrator” who then decides the
outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are usually relaxed. If the parties
agree to binding arbitration, they waive their right to a trial and agree to accept the arbitrator’s decision as final. With
nonbinding arbitration, any party may reject the arbitrator’s decision and request a trial. Arbitration may be appropriate
when the parties want another person to decide the outcome of their dispute but would like to avoid the formality, time,
and expense of a trial, or want an expert in the subject matter of the dispute to make a decision.
Local ADR Programs for Civil Cases
Mediation – The Ventura Superior Court has maintained a mediation program since April 1, 1993. Its goals are to speed
resolution of cases by bringing the parties together before they have made a major economic and emotional investment in
litigation, and to increase awareness of this effective method of alternative dispute resolution.
Mediators need not be attorneys, but must have 25 hours of formal mediation training by a recognized mediation
training/education provider. Mediator duties include a brief review/preparation time and three hours of hearing time on a
pro bono basis and pursuant to such rules as may be designated for mediators by the Ventura Superior Court.
VN242
ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
VN242 (07/2012)
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