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  • Processes - ADR Services, Inc.
    renders a decision called an award after there has been a presentation of evidence Like a court trial arbitration may include representation by counsel pre hearing discovery written briefs examination of witnesses and oral argument Read more about our arbitration process Settlement Conferences Settlement conferences are generally conducted by a sitting or retired judge with counsel for the parties Settlement conferences tend to be shorter in duration than a mediation and may not include the parties in a participatory sense other than to get their agreement to a settlement proposal Read more about our settlement conference process Conciliation Negotiation Facilitation These terms are often used interchangeably In Europe and some areas of the United States what we term mediation is known as conciliation Read more about our conciliation or negotiation process Discovery Referees Discovery Referees are most commonly used in complex matters where there is a disagreement between the parties relating to the scope and subject matter of discovery These disputes can be very time consuming and emotional To improve efficiency the trial court has the jurisdiction to appoint a referee if the judge feels that it is warranted by the situation Read more about our discovery referee process Private Trials A private trial most closely resembles an actual court trial and procedurally they are almost identical The main difference is that the parties have agreed to an individual usually a retired judge to sit as a judge pro tempore and render a decision The trial is also held in private and may be confidential Read more about our private trial process Other Processes ADR offers other processes as well which include Early Neutral Evaluation Fact Finding Mini Trial Back to Top Disclaimer Please be advised that the contents of this web site and any other statements contained herein are

    Original URL path: http://www.adrservices.org/processes.php (2016-02-14)
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  • Mediation - ADR Services, Inc.
    mediator has his or her style and most effective mediators alter their approach to fit the unique needs and personalities of a given dispute Facilitative mediators rely on people skills and persuasion to guide the parties toward a realm of agreement Evaluative mediators rely more on experience and subject matter expertise to predict possible outcomes Each style can be used effectively and many mediators utilize a combination of both styles as the needs of the conflict dictate The mediation process itself involves a series of joint sessions and private caucuses The mediator will make the determination of when each type of meeting will be conducted Typically the mediation will start with a joint session that includes all of the participants to the dispute and then the groups will be divided for private caucuses The mediator will shuttle back and forth between the parties until either impasse or a settlement is reached Impasse is declared when one or more parties or the neutral determines that continued negotiations would be fruitless at this time If a settlement is reached its terms should be written down and signed by the parties making it enforceable as if it were a contract Mediation is a very flexible process that can be effectively used at any time during the course of the dispute Because the process is non adversarial there are numerous benefits over trial in addition to saving time and money Mediation allows the parties to maintain relationships and offers the greatest opportunity for creative problem solving Mediation sessions commonly last from a few hours to one day Back to Top Disclaimer Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be represented as legal advice in any

    Original URL path: http://www.adrservices.org/mediation.php (2016-02-14)
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  • Arbitration - ADR Services, Inc.
    time and expense Another benefit is that the parties can choose their arbitrator directly which enables them to pick someone with the requisite amount of experience and subject matter expertise to render an accurate award Finally the arbitration process is private and confidential and usually final The parties may become involved in the arbitration process in one of three ways court ordered contractual or by stipulation In a court ordered arbitration the judge has ordered the parties to arbitrate based upon certain aspects of their dispute The court itself sponsors an arbitration program and will facilitate the process Court ordered arbitrations are non binding meaning that either party that is dissatisfied with the award of the arbitrator may request a new trial Since the process is non binding no party has given up any constitutional rights by engaging in arbitration Contractual arbitration and arbitration by stipulation are private and binding Here the parties have chosen to go to arbitration instead of through a court trial There is no appeal process in traditional arbitration and thus the award of the arbitrator is final except for the most extraordinary circumstances In contractual arbitration the parties have agreed pursuant to a contract between them that in the event of a dispute the matter will be arbitrated Generally there will be a set of rules or procedures incorporated into the arbitration clause that dictate how the parties will proceed Under an arbitration by stipulation scenario the parties have agreed to arbitrate after the dispute has arisen The parties must then choose which set of rules and procedures to follow to guide the proceedings Back to Top Disclaimer Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be

    Original URL path: http://www.adrservices.org/arbitration.php (2016-02-14)
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  • Settlement Conferences - ADR Services, Inc.
    parties in a participatory sense other than to get their agreement to a settlement proposal The judge listens to the facts legal issues and evidence that each counsel will present at trial and then discusses with them the strengths and weaknesses of their respective cases The judge also makes an evaluation as to how the case may be decided by either a bench trial or before a jury The objective of a settlement conference is to get the parties to resolve the matter before the trial begins The parties rely on the evaluation of the judge to provide feedback as to the relative strength of their position Some judges will make an extra effort to utilize mediation skills to encourage the parties toward settlement Back to Top Disclaimer Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be represented as legal advice in any way Our Offices LOS ANGELES CENTURY CITY SAN FRANCISCO SILICON VALLEY ORANGE COUNTY SAN DIEGO LAS VEGAS Neutrals Resumes Los Angeles Southern California San Francisco Northern California San Diego Las Vegas Orange County Specialty Panels Southern California Northern California

    Original URL path: http://www.adrservices.org/settlement-conferences.php (2016-02-14)
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  • Conciliation, Negotiation, Facilitation - ADR Services, Inc.
    is an interchange between two or more parties in an attempt to reach a compromise Negotiation is at the core of most Alternative Dispute Resolution ADR processes Traditionally negotiation occurs directly between the parties and their counsel and does not involve a neutral third party If the negotiations break down and or reach an impasse a third party may be introduced creating a process of facilitated negotiation Facilitated negotiation tends to be a more ad hoc and informal process than mediation Conciliation is a process that involves a neutral third party to communicate with the parties in the exchange of information and settlement options This process most closely resembles mediation before a mediator with a facilitative style Back to Top Disclaimer Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be represented as legal advice in any way Our Offices LOS ANGELES CENTURY CITY SAN FRANCISCO SILICON VALLEY ORANGE COUNTY SAN DIEGO LAS VEGAS Neutrals Resumes Los Angeles Southern California San Francisco Northern California San Diego Las Vegas Orange County Specialty Panels Southern California Northern California Nevada Rates Fee Schedule Processes Mediation Arbitration

    Original URL path: http://www.adrservices.org/conciliation.php (2016-02-14)
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  • Discovery Referees - ADR Services, Inc.
    feels that it is warranted by the situation The process may be voluntary or involuntary and is governed by the Code of Civil Procedure In California the appointment process is governed by 638 voluntary and 639 involuntary A reference is voluntary when the parties and their counsel agree that the appointment of a referee is necessary Often they will also have agreed to who shall serve as the referee The referee need not be a retired judge but almost always is at least a lawyer due to the nature of the appointment and the knowledge necessary to fulfill those duties A reference is involuntary when the judge independently determines that a referee is needed The parties may still have the option of selecting their referee but the judge will appoint one if the parties can not agree on someone who is mutually acceptable Back to Top Disclaimer Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be represented as legal advice in any way Our Offices LOS ANGELES CENTURY CITY SAN FRANCISCO SILICON VALLEY ORANGE COUNTY SAN DIEGO LAS VEGAS Neutrals Resumes Los

    Original URL path: http://www.adrservices.org/discovery-referee.php (2016-02-14)
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  • Private Trials - ADR Services, Inc.
    agreed to an individual usually a retired judge to sit as a judge pro tempore and render a decision The trial is also held in private and may be confidential Neutrals selected as private judges are appointed by a stipulation that is signed by the parties and filed with the court The court then endorses the stipulation and the dispute is held in abeyance by the court until a decision is reached The verdict is then entered in the court as if the trial were conducted there Consequently verdicts in private trials are appealable under the same grounds as a public trial verdict In California this right is granted under Article VI 21 of the California Constitution Back to Top Disclaimer Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be represented as legal advice in any way Our Offices LOS ANGELES CENTURY CITY SAN FRANCISCO SILICON VALLEY ORANGE COUNTY SAN DIEGO LAS VEGAS Neutrals Resumes Los Angeles Southern California San Francisco Northern California San Diego Las Vegas Orange County Specialty Panels Southern California Northern California Nevada Rates Fee Schedule Processes Mediation Arbitration

    Original URL path: http://www.adrservices.org/private-trials.php (2016-02-14)
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  • Early Neutral Evaluation, Fact Finding, Mini-Trial - ADR Services, Inc.
    decided in court The recommendations of the neutral are influential but non binding Fact Finding A neutral fact finder conducts an independent investigation into the cause of the disagreement The fact finder will interview both sides gather additional information and then present findings and possible solutions to the parties The findings and recommendations are not binding but are incorporated into the negotiations between the parties and their counsel The fact finder usually does not directly participate in the negotiation process Mini Trial A mini trial is a process that usually occurs late in the pre trial process Each side will present a limited version of their case before an independent neutral as they would at trial Also in attendance are the decision makers from both sides who witness the presentation of trial evidence Once the trial has concluded the neutral will not render a decision but instead will work with the decision makers independently in the hopes of facilitating a settlement Back to Top Disclaimer Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be represented as legal advice in any way Our

    Original URL path: http://www.adrservices.org/other-processes.php (2016-02-14)
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