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SDCourt Home: Civil: Alternative Dispute Resolution

Civil Alternative Dispute Resolution Options

It is the policy of the San Diego Superior Court to strongly support the use of Alternative Dispute Resolution ("ADR") in all general civil cases. The court has long recognized the value of early case management intervention and the use of alternative dispute resolution options for amenable and eligible cases. The use of ADR will be discussed at all Case Management Conferences. It is the court's expectation that litigants will utilize some form of ADR -- i.e., the court's mediation and arbitration programs or other available private ADR options as a mechanism for case settlement before trial.

The court offers a variety of ADR options including Judicial Arbitration, Mediation and Settlement Conferences, some of which may be mandated by the court. In addition, parties may explore private ADR options outside the court system.


Mediation

Mediation is a confidential, non-binding process in which a trained mediator acts as a neutral person who facilitates communication between disputants and assists parties in reaching a mutually acceptable resolution of all or part of their dispute. The mediator is not the decision-maker and does not resolve the dispute -- the parties do, but a mediator is often able to more fully explore the parties' underlying interests, needs and priorities.  Mediation is a flexible and less formal process that may reduce the time and costs often associated with a formalized trial.

 

San Diego Superior Court Civil Mediation Program

The San Diego Superior Court Civil Mediation Program is designed to assist parties with the early resolution of their dispute. Parties may stipulate to mediation before or at the Case Management Conference, held approximately 150 days after filing. The court maintains a panel of approved mediators who have met certain minimum qualifications and who are required to adhere to specific ethical standards.

Mediators on the court's panel have agreed to charge $150.00 per hour for each of the first two (2) hours of mediation and their regular hourly rate thereafter for court-referred mediations. Under this program, parties compensate the mediators directly. Mediations are conducted at the mediator's office unless arrangements are made to conduct the mediation session at a party's office upon agreement of all parties in the case.  

Most civil cases are eligible for the program, with the exception of the following types of matters:  probate, guardianship, conservatorship, family, juvenile, small claims, small claim appeals, unlawful detainer, class actions, and certain civil petitions. Superior Court Local Rule 2.3.7 addresses the Civil Mediation Program more specifically.

News: San Diego Superior Court spotlights Mediation Week 2008.


San Diego Superior Court Civil Mediation Panel

To get more information about individual mediators active on the court's panel, click on the Mediator Panel List and/or Mediator Subject Area Experience/Expertise List below.

DISCLAIMER:  THE SAN DIEGO SUPERIOR COURT PROVIDES THE MEDIATOR PANEL LIST, MEDIATOR SUBJECT AREA EXPERIENCE/EXPERTISE LIST, AND MEDIATOR PROFILES AS A PUBLIC SERVICE.  THE INFORMATION PROVIDED IS FROM THE INDIVIDUAL MEDIATORS. THE SAN DIEGO SUPERIOR COURT DOES NOT GUARANTEE OR WARRANT THE CONTENT OR ACCURACY OF THE INFORMATION OR THE COMPETENCY OR QUALIFICATIONS OF A PERSON INCLUDED ON THESE LISTS.  A LIST OF THE NAMED MEDIATORS CURRENTLY AVAILABLE FOR ASSIGNMENT CAN BE OBTAINED AT THE MEDIATION PROGRAM OFFICE AT THE CENTRAL DIVSION OR THE CIVIL BUSINESS OFFICE AT THE OTHER COURT LOCATIONS.

 

Mediator Panel List
Mediator Subject Area Experience/Expertise List 

In addition to the lists above, each court location has binders containing hard copies of the Mediator Panel List, Mediator Subject Area Experience/Expertise List and Mediator Profiles containing each mediator's ADR training, experience, and fees.

To search for mediators on the court's panel, enter keywords such as name, zip code, language, etc.

Mediator Selection

To select a primary and alternate mediator, use the following form: Mediator Selection Form  and submit it to the court within five (5) court days following the Case Management Conference (or before) by either:

(1) E-mailing the completed Mediator Selection Form to: adr@sdcourt.ca.gov (remember to include the case number and assigned judge in the subject line of your e-mail).  IMPORTANT:  To email a completed Mediator Selection Form, you MUST use Adobe Acrobat Professional or another program or software that can save the information entered on the form (for additional help, click here).  The San Diego Superior Court does not warrant or guaranty any such program or software and is not responsible for any costs, damages, and/or fees associated with their use.

- or -

(2) Print the completed form and hand-deliver it to the appropriate Mediation Program Office or Civil Business Office (for directions, click on a link below).

For Mediators

  • Mediator Update
  • Next Open Application Period will be in the fall of 2008.
  • The Mediator Manual and Application are in the process of being revised and will soon be posted on this webpage. 

Judicial Arbitration

Judicial Arbitration is a binding or non-binding process where an arbitrator applies the law to the facts of the case and issues an award.

The goal of judicial arbitration is to provide parties with an adjudication that is earlier, faster, less formal and less expensive than trial. The arbitrator's award may either become the judgment in the case if all parties accept or if no trial de novo is requested within the required time. Either party may reject the award and request a trial de novo before the assigned judge if the arbitration was non-binding. If a trial de novo is requested, the trial will usually be scheduled within a year of the filing date.

San Diego Superior Court's Arbitration Panel

Parties may stipulate to binding or non-binding judicial arbitration or the judge may order the matter to arbitration at the case management conference, held approximately 150 days after filing, if a case is valued at under $50,000 and is "at issue". The court maintains a panel of approved judicial arbitrators who have practiced law for a minimum of five years and who have a certain amount of trial and/or arbitration experience. Superior Court Local Rules Division II Chapter III and Code of Civil Procedure 1141.10 et seq. address this program specifically.

Online Arbitrator List coming soon:  This portion of the court's ADR webpage will soon be updated to include a list of arbitrators on the court's panel.  In the interim, a list of arbitrators on the court's panel is available at the Arbitration Office or Civil Business Office at each court location.

For Arbitrators

The Court's ADR Program Office is in the process of reviewing its list of available arbitrators.  In order to remain on the Court's Arbitration Panel list, you must complete and submit the following forms to the ADR Program Office on or before June 16, 2008:

Mail the completed and executed original Arbitrator Certification and Oath form  to:

ADR Program Office
Attn: Kelly Breckenridge
330 W. Broadway, Room 241
San Diego, CA  92101

Please mail a hard-copy of your Arbitrator Profile form  to the ADR Program Office at the above address and submit it in electronic format (as a Word or pdf document) via email to Kelly.Breckenridge@sdcourt.ca.gov

To email a completed Arbitrator Proflile form, you MUST use Adobe Acrobat Professional or another program or software that can save the information entered on the form.  The San Diego Superior Court does not warrant or guaranty any such program or software and is not responsible for any costs, damages, and/or fees associated with their use.

Settlement Conferences

The goal of a settlement conference is to assist the parties in their efforts to negotiate a settlement of all or part of the dispute.

Parties may, at any time, request a settlement conference before the judge assigned to their case; request another assigned judge or a pro tem to act as settlement officer; or may privately utilize the services of a retired judge. The court may also order a case to a mandatory settlement conference prior to trial before the court's assigned Settlement Conference judge.

Private Alternative Dispute Resolution

Parties may voluntarily stipulate to private mediation, private binding or non-binding arbitration, private early neutral evaluation or private judging outside the court system at any time. Parties may also utilize mediation services offered by programs that are partially funded by the county's Dispute Resolution Programs Act. These services are available at no cost or on a sliding scale based on need.

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Superior Court of California, County of San Diego