Alternative Dispute Resolution for the Community
Alternative Dispute Resolution (ADR) describes various methods by which disputes are resolved outside the court system. Typical forms of ADR include mediation, arbitration, and the use of special masters. Lawyers and Judges recognize the high success rate of ADR, especially mediation, and Judges in Marin County Civil Courts cases generally require the use of ADR before assigning trial dates.
Modest Means Mediation Program
In conjunction with the Marin County Courts, Modest Means Mediation promotes the use of mediation in civil cases where one or more litigants cannot afford market rate mediation, to create an opportunity for mediators to provide a public service, and to allow new mediators to train and practice dispute resolution skills.
MCBA maintains a list of qualified mediators willing to handle 4-hour mediations on a pro bono basis. If mediations run more than four hours, mediators would have maximum per-hour charges for continued mediation services, the amount to be set by the mediator. The mediator may not charge for services, including mediation beyond the first four hours, except on terms agreed upon in advance by the mediator and the participants.
ADR Provider Directory
MCBA provides a comprehensive directory of ADR providers. These providers meet certain minimum requirements for inclusion on mediation and arbitration panels. All panelists must:
- Complete at least 40 hours of mediation training and within the last two years, have completed at least 5 mediations serving as a mediator (of which two may have been as a co-mediator or a member of a court-sponsored mandatory settlement conference)
- Commit to earning 10 CLE units in Alternative Dispute Resolution over the next 3 years
- Be admitted to the practice of law for at least ten years or have ten years of experience in the subject area/field in which he or she proposes to arbitrate, and has served as an arbitrator in at least 5 arbitrations
- Sign a certificate agreeing to comply with all applicable ethical requirements
- Agree to serve as an ADR neutral on a pro bono or modest-means basis in at least one case per year, not to exceed 8 hours, if requested by the court.