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The civil mediation program - where the parties have requested mediation and the Court finds the case suitable, the attorneys or parties directed to the ADR administrator's office to complete and deliver the Mediation Intake form; a mediator assigned at random from the Court's "Random Select" panel (up to three (3) hours of pro bono time), chosen from the "Party Select" panel at the parties' cost, or chosen outside the panel with written notice to the ADR office; the Notice of Appointment of Mediator; the mediator's contact within 10 days of the Notice of Appointment; completion within 60 days of the Notice of Appointment of Mediator, extendable up to 30 days for good cause [CRC § 3.896]; notice of a settlement to the mediator and the ADR administrator no less than 2 days before the session [CRC § 3.1385]; all parties and decision makers present [LR § 6.17]; mediation statements (LR § 6.18, ADR.010); a neutral location, court facilities not used unless ordered by the Court or requested by the ADR Administrator; discovery during mediation [LR § 6.19]; the mediators' duties - conflicts [CRC § 3.855], the session date set within 10 days of the notice, the attendance sheet (ADR-107), the Statement of Agreement/Non Agreement (ADR-100), extensions by stipulation and order, complaints referred to the ADR Administrator [L.R. § 6.22]; the Alternative Dispute Resolution Packet, the Alternative Dispute Resolution Evaluation Form; the list of neutrals.
California > Third Appellate District > Butte County > Superior Court of California, County of Butte
What is ADR? Alternative Dispute Resolution (ADR) is the term used to describe all the other options available for settling a dispute that at one time was required to be litigated in court. ADR processes are less formal than court proceedings and provide opportunities for litigants to reach an agreement using a problem-solving approach rather than the more adversarial approach of litigation. Find Local Arbitrators and Mediators Neutral Parties List View Local Arbitrators and Mediators ADR Resources Alternative Dispute Resolution Packet Alternative Dispute Resolution Evaluation Form California Courts ADR Resources ADR - Mediation FAQs by Counsel/Parties Click on the topics and FAQs below for more information. What is Mediation? In mediation, a neutral third party called a "mediator" helps participants in the dispute create their own resolution. The mediator makes no decision or findings about the facts of the case and makes no award. Rather, the mediator helps facilitate a discussion in which the parties reach a mutually agreed upon settlement. Therefore, mediation allows for more creative resolutions to disputes than continued litigation and/or arbitration. To accomplish this, mediators foster communication among the parties to: Clarify issues, interests and needs; Explore the merits of each party's positions; Identify possible options for resolution. One of the primary goals of mediation is enhancing the future relationship of the parties involved in the dispute, so the process is less adversarial in form than either litigation or arbitration. For example, the rules of evidence and formal court procedures do not apply to mediation. Sometimes mediation does not result in an agreement or resolution. In these cases, the parties have the right to return to court for a litigated decision. If the case returns to court, the mediator cannot be called to testify or produce notes or records of the mediation, as the rules of evidence are not the same for mediation as they are for litigation. While not all mediators are attorneys, the mediators on the Court's panel have received training or have the experience required by California law to be mediators for the Court. How is the mediation process initiated? Where the parties have requested mediation and the Court determines the suitability of a case for mediation, the Court then directs the attorneys or parties to the ADR administrator's office to initiate the process. This process begins with the attorneys or parties: Obtaining and completing the Mediation Intake form and; Delivering the completed Intake form to the ADR administrator. How is the mediator selected? Once the completed Intake form has been delivered to the ADR administrator, the parties may obtain a mediator by: A random assignment from the Court's "Random Select" panel (mediators on this panel provide up to three (3) hours of pro bono time) Selecting a mediator from the Court's "Party Select" panel at your own cost. Selecting a mediator not on the Court's panel at your own cost. In this case, parties must notify the ADR office in writing of the intention to pursue private Mediation services. How is the mediator notified? After the parties have notified the ADR administrator of their selection (or the court has performed a random selection), the ADR administrator will issue a Notice of Appointment of Mediator, sending a copy to the selected Mediator and all parties or their attorney of record. How is the mediation hearing scheduled? The appointed Mediator contacts the parties/attorneys within 10 days of the Notice of Appointment. How much will it cost? The cost varies, depending upon whether the parties/attorneys select a mediator from the Court's "Random Select" or "Party Select" panel or choose a private mediator. The mediators on the Court's "Random Select" panel have agreed to provide up to three (3) hours of hearing time per case without compensation by the parties/attorneys. For any additional hours, compensation will be negotiated between the parties and mediator and will be the responsibility of the parties. The mediators on the Court's "Party Select" panel shall confer with the parties and agree on the fees and expenses of the mediation, which will be the responsibility of the parties. Where will the mediation take place? The mediation is normally arranged through the mediator at a neutral location. Note: Court facilities may not be used for mediations, unless ordered by the Court or requested by the ADR Administrator. How long does mediation take? The time for Mediation varies, depending upon the complexity of the case. Most cases require only one meeting to come to a resolution, but some cases may require additional sessions. Mediation should be completed within 60 days of the Notice of Appointment of Mediator. That period may be extended up to 30 (thirty) days by the Court upon showing of good cause. [CRC § 3.896] What are my responsibilities if a case settles before the mediation session? If a settlement occurs prior to the scheduled Mediation, counsel for the parties/ or the parties themselves, must notify the mediator and the ADR administrator immediately and in no case less than 2 days prior to the time set for hearing. [CRC § 3.1385] Who must attend the mediation session? Local Rules require that all parties and decision makers must be present. [LR § 6.17] What is the role of a mediator? The Mediator is an impartial, neutral intermediary, whose role is to help the participants reach a settlement. The mediator will not impose a settlement, but will assist the parties in exploring settlement options. The Mediator does not communicate with the Court except to file a Statement of Agreement/Non Agreement. How do I prepare for mediation? Counsel and clients should be prepared to discuss all relevant issues. Before the meeting, clients and counsel should discuss the mediation process and understand it is confidential and non-binding. As part of the preparation, counsel are encouraged to discuss with their clients a complete and reasonable litigation budget, without downplaying the costs of proceeding to trial. Counsel and clients should be prepared both to state their own position and to listen carefully to that of the other side. Persuasive and forceful communication is encouraged, but civility and mutual respect is vital. Hostile or argumentative tactics are likely to cause positions to become deep-rooted and thus discourage progress. Will we need to submit briefs to the mediator? LR § 6.18 requires that parties prepare and give information about their case to the mediator. Parties may use the local court form entitled Mediation Statement [RUL-6-ADR.010] or use their own paper to address the topics outlined in LR § 6.18(b). What should I expect at the mediation session? Each mediator has their own technique and work style when conducting mediations. However, the following is an example of how a mediation session may be conducted: The mediator's opening statement discusses the process, the stages, the mediator's role and the confidentiality requirements. All present will be required to sign a confidentiality agreement specifically agreeing to hold confidential all discussions in mediation. [CCP § 1775.10; § 1775.12; Evidence Code § 1122] Each party will present its uninterrupted opening statement setting forth its position regarding the facts and the law. After the opening statement, the mediator and parties may ask each other questions or respond to the opening statements. Most mediators will allow this process to continue as long as it appears to be useful. Thereafter, the mediator will usually call for a private discussion with each side, sometimes called a caucus. During this time, statements previously made in the joint sessions are explored more fully. In private discussion, clients and counsel should assist the mediator in understanding the issues and interests at stake. The parties may wish to disclose confidential information to the mediator during these discussions. The mediator will help the parties and counsel to see the strengths, weaknesses, positions, arguments, risks and possibilities of their case. Either in private discussion or joint session, the mediator may assist the parties in generating and exchanging proposals for settling the case. When the parties reach a settlement agreement, all essential terms will be reduced in writing which will be an enforceable contract if the parties so agree. [Evidence Code § 1123] Discovery during mediation Although the parties are urged to exercise restraint with respect to conducting discovery while in mediation, any party who participates in mediation retains the right to obtain discovery. [CCP § 1775.11; LR § 6.19] ADR - Mediation FAQ's by Mediators Click on the topics and FAQs below for more information. What do I do when I receive a Notice of Appointment of Mediator? Review names of the Parties/Counsel of Record for potential conflicts of interest. [CRC § 3.855] Note: if there is a conflict, advise the court immediately. A Notice Vacating the Appointment will be sent. Contact parties/counsel of record to schedule the Mediation session. Set the Mediation session date within 10 days of Notice of Appointment of Mediator for a date not to exceed the required completion date of Mediation (within 60 days of the Notice of the Appointment of Mediator). [CRC § 3.896] Clearly identify the Date, Time and the Location of the mediation session. Clearly state your expectation(s) as to who should appear at the mediation session. [Refer to L.R. § 6.17 & CRC § 3.894] Suggestion: Indicate to parties/counsel(s) of record what pleadings, exhibits and any legal briefs that are expected to be received at or prior to the mediation session. Suggestion (for "Random Select" mediators only): Prior to the session, remind parties/counsel of record that pursuant to L.R. § 6.8, the first 3 hours are provided free of charge. For any additional hours, compensation will need to be negotiated between the parties and mediator, unless the mediator agrees to provide that service pro bono. Suggestion (for "Party Select" mediators only): Prior to the session, compensation will need to be negotiated between the parties and mediator. Note: The mediator is permitted to inspect the Court's file during normal business hours. Pursuant to L.R. § 6.1, the file shall remain in the possession of the Clerk of the Court. Am I required to provide the meeting place? No. However, a neutral location is highly desirable. Note: Court facilities may not be used for mediations, unless ordered by the Court or requested by the ADR Administrator. What do I do at the mediation session? Obtain signatures of parties/counsel on Acknowledgement of Confidentiality for Mediation Process. Conduct the session. Have all parties complete the Attendance Sheet for Court-Program Mediation of Civil Case. [Judicial Council Form: ADR-107] Retain for at least two years. (Refer to CRC § 3.860) What do I do if an agreement is reached? Please reduce any agreement reached at Mediation to writing. What are my responsibilities after the mediation session? Mail the original Statement of Agreement/Non Agreement to the Court with Proof of Service of copy sent to parties/counsel(s) of record. [Judicial Council Form: ADR-100] What do I do when an extension of mediation is necessary? Advise parties/counsel(s) of record that a written stipulation & order should be submitted to the court. See form: Stipulation & Order for Extension of Mediation. Request a copy of the conformed Stipulation & Order. Reschedule Mediation session accordingly. What do I if a complaint is lodged against me? If a party wishes to lodge a complaint against you, provide the party with a copy of the ADR Mediator Complaint Form found in the Mediation Program binder. Refer that party to the ADR Administrator [L.R. § 6.22]
What is ADR? Alternative Dispute Resolution (ADR) is the term used to describe all the other options available for settling a dispute that at one time was required to be litigated in court. ADR processes are less formal than court proceedings and provide opportunities for litigants to reach an agreement using a problem-solving approach rather than the more adversarial approach of litigation. Find
Reviewer note: Composed 2026-10-10 (California T4 Butte build 2026-10-10) from BenchPath custody ca/t4/ca-butte/pages/general-information__alternative-dispute-resolution-adr.html (the page as fetched 2026-10-10; 638185 bytes, sha256 f313024341561c04de5ba4dac511d5d928d60b2035ed7e6772c47efa7b5abdf8) with the Orange HTML composer (compose-site.py, the Judicial Council theme's area): the article's content sections (section.jcc-section), news bodies (div.jcc-news-full) and title banners (div.jcc-hero; the first banner's heading, the page title, is chrome) - the site header, menus, breadcrumb and footer lie outside them; each block starts a line and each table cell is set on its own line; chrome removed: 1 item; proof (the multiset of non-space characters equals the containers' text less chrome and scripts) passes. Review note: The page sets the mediator's contact within 10 days of the Notice of Appointment and completion within 60 days of it, extendable up to 30 days [CRC § 3.896]; Rule 6.3 (carded) has the Court set the completion dates when it orders mediation, and Rule 6.18(B) gives the parties fifteen (15) calendar days after the selection or appointment to agree on a date (a review task).
1 verbatim mandatory provision from 13-16-s.
2 verbatim mandatory provisions from 15-41-s.
43 verbatim mandatory provisions from 07-33-s.