Arbitration and mediation are popular forms of dispute resolution around the US, with judicial reference being unique to California but also extremely useful within the court system. A relaxed setting in terms of arbitration and mediation is usually touted as the most central reason for why parties are able to settle their cases more easily. As they are led by neutral parties, the disputing parties can hash out points of contention and even anger and resentment over the issue—but much more quickly. Not only can the process be scheduled more quickly as it is outside of the court docket, but because of the intensity and consolidated amount of time allowed in the mediation, there is uninterrupted time made to settle the matters at hand – and in a less adversarial setting.
After all the work is over though, and a settlement has been reached in arbitration, mediation, or judicial reference, questions may arise regarding going back to the courtroom, appealing, and whether or not the decision made was enforceable to begin with. Following is information regarding enforceability for each form of ADR:
- Arbitration – the arbitrator is chosen by the parties involved in the dispute. They may choose one individual to act as arbitrator, or as many as several, working together on a panel to decide the case. In binding arbitration proceedings, the arbitration is usually considered both enforceable and final. Overturning such a decision can be very difficult.
- Mediation – the mediator is decided on by the parties involved in the case, unless the court has designated an individual in a court-ordered mediation. Depending on what type of mediation you participate in, the outcome should be enforceable if the mediator has drafted all the appropriate settlement documents and all authorized parties have signed off in agreement to comply. This may be taken one step further with the help of an attorney creating an even more formal settlement document.
- Judicial reference – the parties involved usually select the referee (often a retired judge or attorney) to hear the case. If they cannot decide on a referee, the court will appoint one. One of the unique features of judicial reference, setting it aside from mediation and arbitration, is that the case and its decision are still considered to be part of and decided within the court system. Because of that, judicial reference cases can also be appealed.
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.