Sonoma County Superior Court is pleased to announce that it has begun implementation of an improved and expanded Alternative Dispute Resolution Program for general civil cases. The program is being funded by a grant from the Administrative Office of the Courts. Effective July 5, 2006, attorney-mediator Nancy L. Case began a one-year contract serving as the ADR Program Coordinator to design and implement the new program in conjunction with the Superior Court Judges and the Court’s newly formed ADR Committee. Read more.
Some Frequently Asked Questions About Mediation, Arbitration, and Referral
How
can I search for an ADR Professional?
What is MARS?
What is "ADR"?
What kind of case is right for ADR?
Which ADR process is right for me and for my client?
Is there a low cost way to mediate a matter?
Why should I use MARS to find an ADR professional?
How do I find information about ethics and
confidentiality in ADR?
What if suit has already been filed?
How can I join the MARS panel?
I am a MARS Panelist. How can I change my
displayed information?
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How can I search for an ADR Professional?
By using the online MARS database directory of ADR professionals.
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What is MARS?
MARS is the "Mediation and Arbitration Referral Service" of the Sonoma County Bar Association. MARS helps attorneys and clients find the right professionals to meet their dispute resolution needs. But it does much more:
When conflicts happen a spectrum of dispute resolution possibilities arises. Litigation through the courts is one possibility. Other options regularly used by attorneys to assist their clients include:
- Mediation
- Private Evaluation and Settlement Conference
- Special Master / Discovery Referee.
- Arbitration / Private Judging
Search though the MARS Panels for an ADR Professional. Or call MARS for assistance at 707-544-6777.
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What is "ADR"?
"ADR" is short for "appropriate dispute resolution" or "alternative dispute resolution". It refers to the many means of resolving disputes outside the courts.
Sometimes parties find help through private means such as community mediation, facilitation, or counseling services. At other times the assistance of legal counsel can enhance the effectiveness of an ADR process. MARS panels include mediators from a variety of backgrounds.
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What kind of case is right for ADR?
Any conflict can be right for ADR. Some considerations include:
- Trial outcomes are always uncertain.
- Potential litigation costs may be high.
- Litigation can add stress to an already stressful situation.
- Litigation may polarize the parties, making resolution more difficult.
- Litigation may take longer.
- Parties may want a confidential, private forum.
- Parties may want to maintain control over the outcome.
- The parties may want to be heard.
- There may be value in preserving an ongoing business or family relationship.
- Trial may not meet the parties needs.
- The parties may need a creative solution that the courts cannot fashion.
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Which ADR Process Is Right for Me and for My Client?
How much control do the parties want or need over the outcome?
Life happens. Conflicts arise. Everyone sees the situation from his or her own point of view. When parties cannot resolve things among themselves, what's best?
Do they need a third party to decide for them? Or, do the parties have a chance of deciding for themselves, aided by an impartial MARS neutral? These are among the key questions to ask when exploring a dispute resolution process. Some processes give maximum control to the parties. Others give maximum control to independent third parties. Depending on the extent of self-determination which the client needs and is able to exercise, the MARS Program offers an alternative:
In the court system a neutral third party (judge or jury) decides for the disputing parties. Likewise, in Arbitration and Private Judging, a neutral third person decides for them. In none of these processes do the parties control the outcome.
If a lawsuit is the choice, sometimes a "manager" can help the parties and their counsel move forward. Agreeing to a Special Master or Discovery Referee may help them get to resolution more quickly and conveniently. As in the court system, the Special Master or Discovery Referee decides issues for the parties as they proceed toward trial.
In Mediation, however, the parties and their counsel retain the greatest amount of control. The Mediator facilitates communication between the parties and counsel, encourages problem solving, and helps the parties find solutions that work for them.
Where Private Evaluation and Settlement Conference is chosen, the Mediator tends to take a more directive approach, often giving the parties guidance as to a likely outcome in the courts.
In both Mediation and Private Evaluation and Settlement Conferences, the parties to the dispute decide the outcome for themselves. Should they fail to reach an agreement, they can always return to the courts.
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Is there a low cost way to mediate a matter?
MARS maintains a Low Cost Panel of Mediators who have agreed to charge a reduced rate of $100 or less per hour for certain mediations. The Bar maintains a list of MARS Panelists who are willing to serve in this way. Contact the Bar at 707-544-6777 and ask for information about the MARS Low Cost Panel of Mediators.
In addition, all members of the Court Panel of Mediators have agreed to serve as an ADR neutral on a pro bono or modest-means panel in at least one case per year, not to exceed eight hours, if requested by the court. The court has established eligibility requirements for such requests. Contact the Sonoma County Court ADR Office at 707-565-7080 for information and an application.
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Why should I use MARS to find an ADR professional?
- It's quick. You can MARS for assistance at 707-544-6777. Getting the
information you need to make a decision and a contact with a qualified,
neutral party is virtually immediate.
- It's economical. There is no charge for the MARS referral service.
Each panelist's fee for services is declared in their listing.
- Panelists are qualified. All of our panelists have affirmed meeting MARS standards for experience and training. We provide you with
background information on each MARS professional so you can make
the most appropriate choice.
- It's easy. Just a few clicks or one telephone call enable you to select from some of Sonoma County's most well regarded Alternative Dispute Resolution professionals. Call the panelists directly, or call MARS at 707-544-6777.
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How do I find information about ethics and confidentiality in ADR?
Information regarding ethics and confidentiality can be found here:
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What if suit has already been filed?
Even after a suit has been filed, parties and their counsel often find it helpful to explore alternatives to the court system. MARS provides panels of professionals in a variety of dispute resolution fields to help attorneys and their clients choose the method best suited to their needs. In fact, the Sonoma County courts have recently recognized this trend, creating an Office of Alternative Dispute Resolution to help litigants and their counsel use Mediation as a practical dispute resolution tool. It too draws from the MARS Panel of mediators.
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How can I join the MARS panel?
Request an Application for the Sonoma County Superior Court Mediation Panel.
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