When to Use ADR

Can I make the other side use the ADR process?

No. In Santa Clara County, the Court does not order you to use mediation or neutral evaluation. But, the court wants you to try some form of ADR before trial. If all parties are willing to try ADR, the Court will usually give you more time so you can try to settle your case with ADR.

Can I use ADR after the complaint is filed?

Most parties start ADR three to ten months after the complaint is filed. But, you can start ADR at any time during your case — even before the lawsuit is filed. The sooner you start talking about settlement, the sooner your case can be resolved.