While there are different ways to settle a dispute, the legal system is usually your best bet for achieving recourse—and sometimes justice, too. Many individuals and businesses today like to find ways to circumvent traditional litigation and time spent in the courtroom, mainly because of the effort and expense involved. A long, drawn-out court battle can also be extremely adversarial, leading to enormous stress for everyone involved. Methods of alternative dispute resolution may be required by the courts in some cases or chosen by the parties involved. While most of us are familiar with the terms arbitration or mediation—and may have even attended such a process—judicial reference is a lesser-known but extremely useful ADR tool specific to the California courts.
Judicial Reference Takes a Load off the Court System
Judicial reference has become helpful in relieving some of the congestion in California courts, although it is still contained within the court system and is public, as opposed to a private process like mediation or arbitration. Resources within the courtrooms can be reserved for more serious cases, and time and taxpayer funds are not wasted on jury trials. Resolution can usually be found much more expediently and affordably as referees (categorized as members of the court) are scheduled by the court and their decisions can also be reviewed by the traditional judicial system. Again, this is in comparison to arbitration where the arbitrator has much more latitude in making decisions and exploring evidence, or in mediation where the neutral mediator is only responsible for assisting the disputing parties in reaching an agreement.
Although judicial reference is still a basic extension of the court, the proceedings are usually much less formal, allowing for a more relaxed discussion of the dispute and often leading to a more rapid and successful outcome for everyone. The referee of the judicial reference process (paid for by the disputing parties) may have extensive legal experience and may in fact be a retired judge or a lawyer. In some cases, however, they may be a working professional with knowledge related to the dispute—and if the parties involved in the dispute have reservations about the neutrality of the referee, they can object to the court. A judicial reference decision can be appealed within the court system.
Attorney Shane Coons is highly skilled in all methods of ADR, to include mediation, arbitration, and California’s judicial reference system. 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 email us at Shane.Coons@seclawoffices.com.