Choice of ADR Format in Superior Court
Compulsory Alternative Dispute Resolution (ADR) allows
the format of ADR to be agreed upon by the parties. If the parties cannot agree on the ADR format, the default format
shall be mediation unless otherwise ordered by the Court.
ADR may include, but is not be limited to, non-binding or, if
agreed to by the parties, binding arbitration, mediation or neutral
Forms of ADR in Superior Court
is a process by which a neutral arbitrator hears both sides of
a controversy and renders a fair decision based on the facts and
the law. If the parties stipulate in writing the decision is be
binding, in which instance the case is removed from the Court's
is a process by which a mediator facilitates the parties in reaching
a mutually acceptable resolution of a controversy. It includes
all contacts between the mediator and any party or parties until
a resolution is agreed to, the parties discharge the mediator,
or the mediator determines that the parties cannot agree.
case assessment is a process by which an experienced neutral assessor
gives a non-binding, reasoned oral or written evaluation of a
controversy, on its merits, to the parties. The neutral assessor
may use mediation and/or arbitration techniques to aid the parties
in reaching a settlement.