MEDIATE YOUR ARBITRATION - IT WORKS!

THE ADR PROCESS - FORMATS

MEDIATION
This non-binding process allows a neutral third party (the mediator) to act in an advisory capacity by encouraging and assisting the parties to communicate their respective views. The mediator generally does not offer an opinion.

SETTLEMENT CONFERENCE
Similar to a mediation and generally conducted by a former Judge who may use his/her trial court experience to assist the parties achieve a satisfactory resolution. Depending on the clients' wishes, the Judge may offer an opinion of the settlement value of the case.

ARBITRATION
More formal than mediation, Arbitrations are usually a binding process that is conducted according to rules provided either by an agreement between the parties or California State Law. A neutral third party (Arbitrator) is chosen to hear both sides of the case and shall render a decision (Award). In a binding format, the decision is FINAL.

MED/ARB
This is a two-phase process. During Phase I, the parties participate in a good faith, non-binding "information exchange," before a mutually acceptable mediator. If the parties reach a settlement of all or a portion of their dispute through this first phase and execute a written agreement, that agreement shall be binding upon them, and Phase II shall not take place. If no agreement takes place, they will participate in Phase II in which the Arbitrator's decision and award shall be binding.

COURT REFERENCES (REFEREE)
An appointment by the Court, the referee is someone who is not a sitting judge who is appointed to hear and decide all or a portion of an action or proceeding. A reference may be either voluntary or involuntary. In either case, the referee’s powers are determined by the order for his/her appointment, i.e. discovery issues, etc.

SPECIAL MASTER (REFEREE)
This appointment is made for the purposes of investigating and resolving construction defect claims. This type of format is especially successful in matters where there are numerous parties. If authorized by the parties, the Special Master may also act as a Mediator.

JUDGE PRO TEM
By agreement (stipulation) of the parties litigant, the Court may order a matter to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the case.

Retired Judges bring a wealth of experience from their approximate twenty years on the bench, as neutral professionals in the administration of justice.

Professional Mediators most of whom are lawyers with expertise in special areas of the law, as well as general litigation experience.

Professional Staff specially trained to assist in the coordination of your case and advise you of the many binding and non-binding formats available for your particular needs. Offering confidential and candid advice to assist in the process of selecting your neutral professional - allowing the style and technique of the panel member to fit the format requested, on a case by case basis.

Pursuant to Section 1281.96 of the California Code of Civil Procedure, Resolution Remedies provides information regarding consumer arbitrations conducted in California beginning January 1, 2003. Our quarterly report is available for downloading as follows:

Consumer Arbitration Quarterly Report

Pursuant to Standard 8(b)(1)of the California Judicial Council Standards of Ethics for Arbitrators in Commercial Arbitrations regarding disclosures involving Kaiser Permanente and Related Entities, Resolution Remedies provides a summary which is available for downloading as follows:

Consumer Arbitration Summary Report

For more information, email:
Caseadministrator@resolutionremedies.com