Settling Out of Court Can Save Time, Money
Going to court should be the last resort, and even the State Bar of California seems to recognize that fact with the publication of its new consumer information pamphlet, “Should I Try to Settle My Problem Out of Court?”
The pamphlet stakes out a clear position on the value of trying to settle outside of court: “Courts today are often so overcrowded that you may be able to settle your problem much sooner outside a courtroom. And you can avoid the high cost of a lawsuit. Also, alternative dispute resolution lets you choose a way of resolving your dispute that suits the kind of problem you have.”
With an average of 18 million civil court cases filed every year in California alone, and an increasingly burdened criminal court system, it’s no wonder that even lawyers have begun to rave about the possibilities of alternative dispute resolution or ADR.
ADR involves three primary methods of solving disputes--conciliation, mediation and arbitration--by using a neutral third person to help the parties involved reach an accommodation or a resolution without the long, involved and expensive process of a full court press, so to speak.
The free pamphlet (send your request with a self-addressed, stamped, business-size envelope to State Bar Pamphlets, 555 Franklin St., San Francisco, Calif. 94102) is written in a question-and-answer format that is very easy to understand. It explains the differences between mediation and arbitration.
(Basically, mediation involves a neutral third party--a mediator--who tries to help the parties reach a resolution, and an arbitrator hears each side’s case, sometimes including formal evidence, and then decides who wins. You can agree in advance that the arbitrator’s decision is final or subject to review in court.)
The pamphlet explains how much these processes cost--usually a lot less than a court proceeding--and how to find dispute resolution programs. (Contact the Dispute Resolution Coordinator, Department of Consumer Affairs, 1020 N St., Room 504, Sacramento, Calif. 95814, (916) 322-5254. A directory of such programs is also available from the State Bar in San Francisco (same address as above) for $15.)
The pamphlet deals fairly objectively (considering the source) with the issue of whether a lawyer is necessary to help resolve your dispute outside the courtroom:
“You will have to make your own decision about whether to get advice from an attorney when using alternative dispute resolution--and whether the attorney should attend the session with you. It may be a good idea to talk with a lawyer, however, to make sure that you understand everything that is involved. For example, let’s say that you are getting divorced. The way you work out a property settlement can affect more than whether you get the house and the car. It also can have a lot to do with the amount of taxes that you will pay.”
If you happen to be one of the 18 million people this year on one side or the other in a civil lawsuit, this pamphlet is well worth your time. In fact, for the large majority, some form of alternative dispute resolution is probably worth your time, as well.
LAW-HELP-LA is a central clearinghouse formed by the State Bar and the California Young Lawyers Assn. to provide a wide variety of legal services to Los Angeles residents affected by the riots. For further information, call (213) 580-5331 or contact the State Bar, 333 S. Beaudry Ave., 10th Floor, Los Angeles, Calif. 90017.
