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Choosing the Right ADR Method

The California Rules of Court found on the California Courts Web site are current as of January 1, 2015.

  1. Important Sources of Law: California Arbitration Act: CA CIV PRO § 1280, et esq.
  2. Federal Arbitration Act: 9 USC §1 (Also see Federal Alternative Dispute Resolution Act of 1998 (28 USC 651 (b))
  3. State Contract Act: CA PUB CONT §10240 (Arbitration) & California Code of Regulations 1300, et seq.
  4. Local Agency Claims: CA PUB CONT §20104.4 ($375,000)
  5. HOA Claims Against Builders: Cal. Civ. Code: §1375-1375.1 - " dispute resolution facilitator."
  6. Reorganized California Rules of Court: The California Rules of Court were reorganized and renumbered to improve their format and usability, effective January 1, 2007.
  7. California Evidence Code: §1115, et seq. (mediation privileges), Section 1152 (settlement discussions)
  8. California Code of Civil Procedure: CA CIV PRO §664.6 (Settlement Enforcement)
  9. Other California Codes: Arbitration: A total of 328 code section group(s), Mediation - A total of 175 code section group(s), (e.g. CSLB Arbitration (B & P 7085). These do not include ordinances or rules of the California County, City or local agencies.)
  10. Other US Codes: Arbitration: 318 Statutes, Mediation: 216 Statutes, Ombudsman: 120 Code of Federal Regulations.
  11. Indian Tribes: Arbitration Agreement as waiver of Sovereign Immunity
  12. International Arbitration: 9 USC §201 (Treaty on Enforceability of Foreign Awards), California CA CIV PRO §1297.11 (International Arbitrations in California), Carriage of Goods at Sea, International Chamber of Commerce, etc.

UNIFORM MEDIATION ACT (2001) (2003): Provides rules on the issues of confidentiality and privileges in mediation. The Act establishes an evidentiary privilege for mediators and participants in mediation that applies in later legal proceedings. It also provides a confidentiality obligation for mediators. The Act was amended in 2003 to add a section on International Conciliation.

When Litigation Starts - CMS Form - 2007

Mediation (CMS Section 10. d) (1))

Nonbinding judicial arbitration under CA CIV PRO §1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, Rule 3.822) (CMS Section 10. d) (2))

Nonbinding judicial arbitration under CA CIV PRO §1141.12 (discovery to remain open until 30 days before trial; order required under CA ST CIVIL RULES, Rule 3.822) (CMS Section 10. d) (3))

Binding judicial arbitration (CMS Section 10. d) (4))

Binding private arbitration (CMS Section 10. d) (5))

Neutral case evaluation (CMS Section 10. d) (6))

Variation - Bench-Bar Panel

Other:***________ (CMS Section 10. d) (7))

*** Private Mediation, AAA Arbitration, JAMS Arbitration, etc.

+ Settlement Conference (CMS Section 11)