Ventura Center for Dispute Settlement

Resolving conflict one step and one person at a time

Mediation/Arbitration VCDS Alternative Dispute Resolution Services There are several ways to solve your problem out of court. The most common methods of alternative dispute resolution are Conciliation, Mediation, Arbitration, and Med-Arb. • Conciliation is voluntary, private and the most informal method. Sometimes used as a starting point for dispute resolution, the process involves a neutral third party who talks with you and the other party at separate times to explore possible solutions. Often this can be accomplished over the telephone. • Mediation is a voluntary, private and informal way to discuss problems and reach agreements. A “mediator” -- a trained neutral party -- sits down with you and the other party to work out an agreement that you both can accept. Mediators do not give legal advice or decide who is right. Instead, they help people exchange information and ideas and talk about ways to resolve the problem. When an agreement is reached, the mediator prepares a written agreement for the parties to sign. • Arbitration on the other hand, is more formal. You and the other party give your evidence to a trained, neutral third party called an “arbitrator.” Sometimes you are allowed to ask witnesses to give evidence, too. The arbitrator considers all the evidence and makes a decision. You and the other person must agree before the arbitration whether the arbitrator’s decision will be “binding” or final, or if instead you want the opportunity to go to court if you don’t like the arbitration decision. • Med-Arb is a combination of mediation and arbitration. It starts with a mediation. Then, if you do not reach an agreement in the allotted time, the dispute moves on to arbitration. VCDS Frequently Asked Questions Can I Use Alternative Dispute Resolution after a Lawsuit Is Filed? Yes. If you and the other person decide you would like to resolve your dispute either before or after a lawsuit is filed, you may still try alternative dispute resolution. In fact, mostl lawsuits filed in court are settled before the trial begins, and the people who take their problems to mediation report a higher rate of satisfaction with the process and the results. Is Alternative Dispute Resolution Confidential? California law provides that everything which is said in the course of a mediation is inadmissible as evidence in any civil proceeding. VCDS asks that the parties sign an agreement to this effect prior to a mediation. Therefore, mediations enjoy limited confidentiality. What Kinds of Disputes Can Be Settled by Alternative Dispute Resolution? • Landlord/Tenant: security deposits, non-payment of rent, repairs, eviction • Real Estate: buyer/seller, agent/client, broker/broker, homeowner associations, etc. • Neighbors: noise, pets, nuisances, use of common property, parking, trees • Consumer/Merchant: refunds, warranties, repairs, deposits, services • Labor: employer/employee, wages, contracts, dismissals, working conditions • Family Law: divorce settlements, custody, visitation, support • Business: partnerships, vendor/vendee, real estate, contracts • Domestic: family, roommates, friends First Name Last Name City Daytime Phone () - E-mail Address Comments Phone: 805-384-1313 - Toll Free: 866-799-VCDS (8237) Visit us on Facebook - Fax: 805-384-1333 - Send us an email Featured coastal image courtesy of Ventura County Stock Photos