ADR options you can find at court
The court can refer you to:
Mediation:
In mediation, a neutral
person (called a “mediator”)
helps you and the other parties
to understand what each of you want from the case, and how you can all
reach your goals.
The mediator will also explain the practical and legal questions you all
have to answer. The mediator helps you explore options and agree on a
solution that everyone will accept.
The process is informal and confidential. The mediator helps you make your
own decisions.
Mediation is a good choice when you and the other parties:
-
want to work together
-
have a business or personal
relationship you want to keep
- have strong feelings that are getting in
the way of solving the problem, and/or
- want a kind of solution that
doesn’t involve money, like asking someone to change the way they act.
Click to view a brief slideshow presentation on the mediation process:
How to Settle Your Dispute without Going to Trial.
To learn more, see the ADR Mediation & Evaluation
page.
Neutral Evaluation (NE):
In neutral evaluation, a neutral person (called an “Evaluator”)
listens to you and the other parties and reads your short written
statements. Then, the Evaluator gives an opinion on the strong and weak
points of each party's case.
The evaluator’s opinion can help you understand the most important legal
issues in your case, prepare stipulations (agreements), draft discovery
plans, and give you an idea of the value and likely result if your case
went to trial.
This process is informal and can help you and the other
parties solve your problems.
Neutral Evaluation is a good option when you and the other parties:
- are far apart in what you think of the law or value of the case
- have a case that involves a technical issue about which the evaluator
has special knowledge
- need help to plan your case, to save on legal fees and costs, or
- are interested in a kind of solution that doesn’t involve money; like,
having someone change the way they act.
To learn more, see the ADR Mediation & Evaluation
page.
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Arbitration:
In Arbitration, a neutral person (called the “arbitrator”)
hears the evidence and the arguments of the parties, then makes a decision
on your case. The arbitrator can be a judge or a private neutral.
You and the parties can agree to binding (final) or non-binding (advisory)
arbitration.
If you choose binding arbitration, the arbitrator’s decision will be final
and you will not go to trial. You cannot appeal a binding arbitration
decision.
If you choose non-binding arbitration, either you or the other party can
reject the arbitrator’s decision and ask for a trial.
Arbitration may be a good option when you and the other parties want:
- witnesses to testify under oath, or
- a (non-binding) opinion from an experienced trial lawyer, or
- if the only thing you are asking for is money, which is called
“damages”.
Arbitration is usually informal.
To learn more about court-sponsored arbitration, see
the ADR Judicial Arbitration page.
Early Settlement Conference:
If your case involves only damages (a claim for money), the judge can order an Early Settlement Conference
if both parties agree.
In an early settlement conference, a judge or temporary judge will work
with you and the other parties to encourage a settlement.
To learn more, see the ADR Early Settlement Conference
page.
Special Masters and Referees:
If a case is very complicated, the court can appoint a
Special Master and Referee. This is an experienced lawyer or a
retired judge who will make a decision about some parts of the case, and
schedule discovery (fact finding) hearings.
Special Masters and Referees often have settlement conferences to try and
help the parties to settle the whole case.
To learn more, see the ADR Special Masters and
Referees page.
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Mandatory Settlement Conference:
Mandatory Settlement Conferences are informal meetings held at
court. They are held in every case that would take more than one day in trial, usually the week
before the trial date is set.
The neutral person (a judge or an experienced lawyer) meets with you and
the other parties or your attorneys at the Courthouse. The neutral hears
both sides of the dispute, and encourages you to come to a resolution that
is acceptable for all of you.
Settlement conferences can be effective when the authority or expertise of
a neutral helps the parties find a resolution.
To learn more, see the ADR Mandatory Settlement
Conference page.
Civil Court
ADR: Types of Alternative Dispute Resolution (ADR)