WHAT IS ALTERNATIVE DISPUTE RESOLUTION/COOPERATIVE DISPUTE RESOLUTION (ADR/CDR)?

There are several forms of ADR/CDR. The most commonly known are negotiation, mediation, and arbitration and private judging. Negotiation is a communication process used to put settlement deals together or to resolve conflicts. It is voluntary and nonbinding until the fruits of a negotiation are memorialized in a signed contract or recited in a court of law. Mediation is negotiation facilitated by a neutral third party. It is private, voluntary, informal and nonbinding. Arbitration, like mediation, involves third party assistance; however, in Arbitration the third party has the power to make a decision. The process takes place outside the court system and can be tailored to the parties’ desires as to the scope and finality of the arbitrator’s decision. Private Judging is another alternative to court litigated proceedings. A private judge may manage and decide civil, non-jury legal disputes. ADR/CDR can give parties confidentiality, can save time and money, can help avoid court appearances, and in the family law context, may also help to preserve future co-parenting relationships.

BE SURE YOUR MEDIATOR/ARBITRATOR HAS FORMAL ALTERNATIVE DISPUTE RESOLUTION TRAINING!

Unfortunately, there is no legal prohibition against an untrained individual hanging up a shingle and calling themselves a “mediator” despite having no formal training in alternative dispute resolution. It is important that parties to a dispute ensure that they are retaining a mediator or arbitrator with formal training in dispute resolution. Our firm provides Mediation and Arbitration services and our attorneys have specialized training designed to pave the way to settlement through alternative dispute resolution. John D. Hodson, CFLS, is not only Certified Family Law Specialists but is a graduate of Pepperdine School of Law’s internationally recognized Straus Institute Litigation Mediation Training Program. The Straus Institute for Dispute Resolution focuses on meeting the new demands of our changing legal environment by emphasizing non-litigation approaches to conflict resolution such as negotiation, mediation, and arbitration.

PRIVATE JUDGING

Private Judging offers parties to a dispute what are usually faster, more confidential resolutions to disputed legal issues than a public court forum. Private Judging allows parties to choose a Judge with specific expertise in a particular subject matter and removes the dispute from the courthouse eliminating delays related to the demands of the Court’s ever increasing dockets. This is not watered down justice. Private Judges have all the authority of a court judge, are bound by the rules of evidence, and take an oath of office. The Parties agree on the scope of the Judge’s authority prior to any proceedings to decide if the Judge shall decide all issues or only a single hotly contested issue or some other arrangement. John D. Hodson, CFLS, has mediated hundreds of cases, served as court appointed minor’s counsel, and as a Special Master. He has served as Chair of the Family Law Executive Committee of the State Bar of California and is on the State Bar of California’s Arbitration Panel and Chairs the Fee Arbitration Panel for the Solano County Bar Association. Mr. Hodson’s wealth of experience as a Certified Family Law Specialist, a retired JAG officer in the Air Force, and as a private attorney for over 25 years, makes him a well respected and sought after private judge in family law, and other disputes.

If you think ADR/CDR is right for you or you need a private judge, Hodson & Mullin, Attorneys at Law, can assist you with all of your ADR/CDR options.