The Dispute Resolution Program

The El Dorado County Superior Court offers an innovative and highly successful program for resolving civil disputes short of trial. Alternative Dispute Resolution, or ADR as we call it, works!  In excess of 90% of all civil cases filed in our court resolve by agreement.   This saves time, money and stress.  Here is how the program works. 

When a civil case is filed, the court provides the parties with a pamphlet entitled You Don’t Have to Sue which explains the ADR procedures and the advantages and disadvantages of each.  We urge the parties to read the pamphlet and discuss ADR with their attorneys and each other.

The Case Management Conference (CMC) takes place within 120 days after the case is filed.  The sides meet with a Dispute Resolution Officer to plan the case.  At the CMC, they discuss the various procedures for alternative dispute resolution, select the one best suited to their case, and set time lines for completion, usually 60 days after the CMC. 

Procedures

• Dispute Resolution Conferences (DRC)
• Arbitration
• Mediation
• Rules For Particular Disputes
  • Personal Injury Cases
  • Building and Construction Cases
  • Business/Partnership and Accounting Cases
• ADR Works

Dispute Resolution Conferences (DRC)

The DRC is the ADR procedure most often utilized in El Dorado County.  It is an early settlement conference conducted by voluntary attorneys serving as temporary judges who provide independent assessments of the case and recommend resolutions.  The parties and their attorneys must attend the Dispute Resolution Conference and prepare DRC Statements which explain their side of the case.  The parties should attach to their DRC Statement documents, such as photographs, diagrams, bills, reports and contracts which may assist the temporary judges in evaluating the case.   More than 60% of the cases we refer to a DRC settle on the spot and more settle prior to trial.

Arbitration

Arbitration, either binding or non-binding, is also useful in resolving disputes.  In arbitration, the parties submit evidence and argument to an arbitrator who makes a decision, either final (binding) or subject to rejection by the parties (non-binding). 

Mediation

This procedure is of particular assistance where the parties have a course of dealings with each other, such as neighbors, business associates, or family members.  In these cases, the parties meet with a mediator who assists them in reaching an agreement by facilitating productive communication.  If mediation appears to be appropriate, the court will refer the case to mediation at the CMC.

Rules For Particular Disputes

The El Dorado County Superior Court has special rules to assist in the resolution of certain kinds of cases.   We believe that these rules encourage preparation and thereby enhance resolution. Please see Local Rules, rules 7.12.00 through 7.12.13 for full details.

Personal Injury Cases.  At least five days prior to the DRC in a personal injury case, the parties exchange and provide the temporary judges photographs, diagrams, accident reports, medical reports and bills, and statements of lost income.  These documents assist the parties and temporary judges in evaluating the case.

Also, if there are liens (e.g. for medical bills or attorney fees) which may affect the settlement, the affected party should initiate negotiations with the lien holders and, if necessary, request them to attend the DRC.

Building and Construction Cases.  In a building or construction case, the party complaining of the construction defects prepares a Statement of Damages which sets forth the defects and itemizes the cost of repair.

Thereafter, the other parties may inspect the premises and must prepare a Response to Statements of Damages, which responds to the defect claims and cost of repair.  The Statement of Damages and response are for the purpose of settlement only and may not be used at trial.

The DRC is scheduled after the Statement of Damages and the Response have been completed and provided to the temporary judges. 

Business/Partnership and Accounting Cases. In any case which requires and accounting, like the dissolution of a partnership, the court may appoint an accounting officer, whose fees are divided equally among the parties.  The accounting officer may request necessary documents from the parties and prepares a Statement of Account.

The DRC is scheduled after the Statement of Account has been completed and provided to the parties and the DRC temporary judges.

ADR Works

Our ADR program has been in effect since 1994.  We have reduced the civil case backlog by more then 50% and the case pending more than two years by 75%!  This has been during a time when the number of cases has increased each year.  As the population in El Dorado County increases, so does the incoming civil caseload.  We encourage you to read You Don’t Have to Sue, talk with the other side and, if you need additional information, contact us.