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Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution

Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. Alternative Dispute Resolution (ADR) includes different processes that can help people resolve disputes without a trial. ADR is usually less formal, less expensive, and less time-consuming than a trial.

Learn more about the benefits of ADR or view the ADR Packet , opens PDF document.

San Joaquin County Superior Court offers two types of ADR programs:

Note: The Arbitration Program Coordinator is prohibited from providing legal advice.

Arbitration

In arbitration, a neutral person called an arbitrator hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are often relaxed. Arbitration may be either binding or nonbinding.

  • Binding arbitration: The parties waive their right to a trial and agree to accept the arbitrator's decision as final. Generally, there is no right to appeal.
  • Nonbinding arbitration: The parties may request a trial if they do not accept the arbitrator's decision.

The Court offers a Non-Binding Judicial Arbitration Program. For more information, contact the Arbitration Program Coordinator at (209) 992-5693.

To learn more about other types of ADR, visit California Courts ADR Programs.

Mediation

In mediation, an impartial person called a mediator helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the dispute, but helps the parties communicate so they can try to settle the dispute themselves. Mediation leaves control of the outcome with the parties.

The Court offers a Voluntary Civil Mediation Program.

To learn more about other types of ADR, visit California Courts ADR Programs.