ADR Program Information

ADR Program Information, Case Management Policies, and related Forms are available on this website at the links in the left margin banner. Please refer to them frequently to be current.   

 

ADR Program Information  More and more people and businesses are using ADR to resolve their legal problems. ADR is usually faster, cheaper and easier than going to trial. It also lets litigants resolve their disputes in a more private environment. The ADR processes and the applicable procedures of the court are discussed below. The ADR Information Sheet link in the left margin banner is a form that is given to every litigant when a case is filed and summarizes the court's programs.

 

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, neutral evaluation, mini-trials, settlement conferences, private judging, 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 Yolo County Superior Court offers mediation and arbitration. In the future, the court plans to initiate an early settlement conference program.

 

Arbitration and Mediation

 

The Yolo County Superior Court currently offers pre-screened panelists with experience and training in each of the following areas.

 

1. 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. Arbitrations can be binding or non-binding, as agreed by the parties in writing.

 

2. 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 parties clarify facts, identify legal issues, explore options and arrive at a mutually acceptable resolution of the dispute.

 

3. Judicial Arbitration. Some cases will be ordered to Judicial Arbitration if they come within the provisions of Code of Civil Procedure section 1141.11 and California Rules of Court, 3.811 and 3.812. Local Rule 13 and Appendix 4 govern this ADR procedure. This is explained fully at the link Judicial Arbitration.

 

Litigants are encouraged to use an ADR process as early in the case as circumstances permit. All appropriate cases will be reviewed for referral to ADR at the Case Management Conference.  

 

ADR Providers  

 

The Yolo County Superior Court's ADR Administrator has prepared a list of mediators and arbitrators to help you with your case.

 

You and the other parties can use this list to select an experienced, trained ADR provider. Then, you can schedule a session directly with the provider.

 

You can also choose an ADR provider who is not on this list as long as all the parties agree to use that person.

 

You and the other parties will pay the costs and fees for ADR directly to your provider. Usually, parties split the fees. Please tell the ADR provider that this is a Yolo County Superior Court ADR referral.

 

Click on the banner in the left margin for a listing of all ADR panelists, which includes listings of those with language skills, subject matter expertise and those in the greater Yolo County geographic area. You are encouraged to contact the provider directly for additional information about the provider including his or her fee requirements. All panel members will provide you with a resume of their qualifications on your request.

 

ADR and Case Management

 

There are two basic ways to move your case to an ADR process. You can choose an ADR provider before your Case Management Conference (CMC) by completing and filing the form Order to Continue Case Management Conference and Stipulation to Attend ADR at least 15 days before the scheduled CMC. Or, you can elect an ADR process at the CMC, or within 15 days from your CMC. To do this, you fill out and file the Stipulation and Order to use ADR form, notifying the court regarding whom you have selected as your ADR provider and the date of the ADR session. A failure to complete this step within 15 days will result in an Order to Show Cause (OSC), which may include monetary sanctions.

 

These procedures and the forms that are tied to the Case Management Conference are a new practice in this county. Please see the links How to Sign Up for ADR and Case Management Conference Policies.

 

Within 10 days of completing ADR, you and your lawyer (if you have one) must fill out a Client Evaluation form or an Evaluation by Attorneys from and file it with the ADR Administrator.  These forms are confidential and for the court's internal use only. 

 

If you have questions about ADR or the providers on this list go to the Contact Us link.

 

Contact Us

Mail:

Yolo Superior Court

ADR Administrator

725 Court Street, Room 103

Woodland, CA 95695  

Tel:   530 406 6704 (8:00 a.m. to 4:00 p.m., Monday-Friday, except holidays)

Fax:  530 406 6734

email:  ADRadministrator@yolo.courts.ca.gov