© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION ARBITRATION AND ADR

2 ARBITRATION— determination of disputes without trial.

3 TYPES OF ARBITRATION  Mandatory judicial  Voluntary judicial  Voluntary non-judicial

4 ARBITRATION FORMATS  Binding  Non-binding

5 MANDATORY JUDICIAL State Court  Automatic if less than $50,000 at issue  Non-binding—entitled to jury trial  Discovery*—ends 15 days before hearing *except expert discovery

6 VOLUNTARY JUDICIAL State Court  Parties can request

7 JUDICIAL ARBITRATION PROCEDURES  Parties reject candidates, clerk selects from remainder  Arbitrator sets hearing  Decision within 10 days of hearing  Request trial de novo within 30 days

8 JUDICIAL ARBITRATION HEARING  Informal setting  Arbitrator administers oath  No record kept  Privacy protected

9 JUDICIAL ARBITRATION EVIDENCE Evidence accepted:  copies if served 20–25 days before  declarations if served 20–25 days before  depositions only if noticed 20–25 days before

10 ADR— alternative dispute resolution.

11 ADR INCLUDES  Neutral evaluation  Mediation  Arbitration

12 ADR OFFERED BY  Retired judges  Experienced lawyers  Experienced non-lawyer professionals

13 NEUTRAL EVALUATION— objective analysis of case by neutral third party to assist in settlement negotiations.

14 MEDIATION— settlement negotiations facilitated by legal professional working with all sides.

15 ARBITRATION— determination of case by non-judicial arbitrator, binding or non-binding.

16 BINDING ARBITRATION  Usually by contract or agreement  Arbitrator’s decision is final  No appeal except for fraud by arbitrator

17 FEDERAL COURTS  Always encourage settlement  Always encourage ADR  Do not offer judicial arbitration like state courts

18 SUMMARY Arbitration, ADR PREVIEW Trial Preparation SUMMARY Arbitration, ADR PREVIEW Trial Preparation