Alternative Dispute Resolution Certification And Selection Form Page 2
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SHORT TITLE:
ADR can be an effective way to resolve contested probate matters. Most litigants report satisfaction
with the process and some even report improvement of family or personal relationships.
ADR
procedures can be scheduled at the convenience of the parties and can be completed in a fraction of
the time required for traditional litigation. The cost of ADR will depend on the procedure and the
provider you select, and the cost is typically less than litigation.
The ADR process is confidential. Many ADR processes will give you an opportunity to test the
strengths and weaknesses of your case while obtaining a better understanding of the other party’s
case without adverse impact in the event of trial. Depending upon the method of ADR you select, it
may be the last chance for you to create and control a resolution of your matter before you place the
decision in the hands of a judge.
METHODS OF ADR:
A. MEDIATION: Mediation is a frequently used methods of ADR because it is informal, quick,
convenient and confidential. In this process the parties select a neutral mediator who facilitates the
identification of issues, areas of agreement, and assists in finding a resolution or settlement of the
dispute. Since mediation requires the agreement of the parties to resolve the matter, control of the
proceedings and a determination of the settlement terms remains completely in the parties’ hands.
The mediator remains neutral and assists the parties in arriving at terms that are mutually agreeable.
B. ARBITRATION: The parties jointly employ a neutral third party or a panel of neutrals to listen
to both sides and render a decision. The parties are free to make the arbitrator’s decision binding or
non-binding. When non-binding, the arbitrator’s decision serves as guide or influence upon the parties
to bring them closer to settlement. If it is binding, the decision of the arbitrator will be final and
generally avoids any further proceedings in the case. Non-binding judicial arbitration may be ordered
in certain cases shortly before trial.
C. EARLY NEUTRAL EVALUATION: A neutral evaluator is hired by the parties to give an
evaluation of the case to help settle it. You and your attorney will be permitted to prepare a written
statement, present witnesses or other evidence, argue your case to the evaluator, meet separately and
confidentially with the evaluator, and utilize the evaluator to communicate any settlement offers to the
opposing party.
D. PRIVATE SETTLEMENT CONFERENCE: A voluntary settlement conference is similar to
early neutral evaluation in that the parties employ a neutral settlement officer who attempts to
persuade the parties to accept a compromise position. It is a form of facilitated negotiation in which
the settlement officer may express an opinion about the value of the case, the substantive merits of
each party’s position, and the probable outcome of the trial.
E. OTHER OPTION: There are various other methods or combinations of methods of ADR,
such as mini-trial, special master discovery referee, and the Court does not intend to limit you to any
particular method or combination of methods. The Court encourages the parties to be creative in
selecting the process which has the best chance of resolving the case as quickly, effectively,
inexpensively as possible. Other options may be reviewed by the court at the time of the mandatory
settlement conference.
ALTERNATIVE DISPUTE RESOLUTION CERTIFICATION AND SELECTION FORM
PR-E-LP-002
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