ADR Topics: Judicial Reference May Be Used to Settle One Portion of a Case

ADR topics

If you have become involved in a legal dispute, you may be dreading the process ahead—whether you are the plaintiff or the defendant. While aggressive legal action and litigation may be the best course in many cases, for others, alternative dispute resolution may be a better route all around.

Mediation and arbitration are extremely popular methods of ADR today, with a neutral individual or panel helping the parties involved come to a decision. While the process may not be completely painless, these methods of dispute resolution allow everyone to hash out a settlement in a more relaxed atmosphere that may even be chosen by the parties in dispute. In California, judicial reference has become another route to ADR, helping to clear clogged courts, and allow disputing parties a fast route to settlement.

Judicial reference shares many of the same benefits as mediation and arbitration:

  • Greater affordability for everyone involved in the case
  • Ease in scheduling and venue, with the process even occurring on weekends or evenings sometimes
  • More time for the referee to thoroughly review and consider the case
  • A resolution can be reached in a fraction of the time

Out of the three types of ADR, judicial reference is most similar to going to court as the case remains with the court system and the referee hired to decide the case must answer to the court also—with their decision being open to appeal later. And while this mode of resolution may have been chosen after the dispute occurred, in some cases it may be included in a contract bearing a dispute resolution clause.

Judicial reference referees usually have extensive legal experience and may even be retired judges or lawyers still working within the court system part-time. And although they may be responsible for hearing and deciding on the entire case, one of the unique factors in judicial reference is that only part of a case may be heard by the referee in that forum while the rest is heard in trial court. The referee is only responsible for making a statement of decision if they are hearing the case in entirety, however. Although more affordable than other ADR routes, judicial reference may be more expensive due to the experience and credentials of the referee.

If you have a legal issue and want to learn more about the best alternative dispute resolution process for your case, please call Shane Coons now at 949-333-0900 or feel free to email us at Shane.Coons@seclawoffices.com.

Leave a Reply