ADR - Civil Mediation: Superior Court of California, County of Kern

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Superior Court of California, County of Kern

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Civil Mediation

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How to Become a Civil Mediator

Information for Interested Parties
What is Civil Mediation?
Frequently Asked Questions
Rules and Policies
Mediation Forms
Resources
Contact Us
Court-Approved Mediator Panel (links to new page)
Complaint Process Against Mediators or other Civil Neutrals (7K PDF - links to new page)

What is Civil Mediation?

Civil mediation is a voluntary method of dispute resolution, which may enable you to settle a civil disagreement without a court trial. Mediation is a cooperative process in which parties work together to find a solution instead of working against each other. Mediation normally leads to better relations between the parties and to resolutions that hold up.

Mediation is very effective when the parties have a continuing relationship, like neighbors or business partners. Mediation also works well when emotions are getting in the way of a resolution. This is because mediation normally gives the parties a chance to vent their feelings and view the dispute from all perspectives. Mediation may not be a good idea when one party won't discuss a resolution or when one party is in a weaker bargaining position.

Kern County Superior Court has collaborated with the Kern County Bar Association and community representatives to establish alternative dispute resolution (ADR) programs that comply with legal requirements and provide a high quality of service to the public. Currently the court sponsors two ADR programs: Arbitration and Civil Mediation. Other programs, similar to those existing in other California counties, are being investigated for their feasibility in Kern County.

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Frequently Asked Questions

Is any civil case eligible for mediation?
Kern County Superior Court supports civil mediation as a method to reduce court resources and expense to litigants. In Kern County, civil mediation is available for cases valued over $5000. Mediation is not offered for small claims cases at this time.

(Note: Civil mediation should not be confused with another type of mediation - mandatory court mediation to resolve child custody and visitation disputes. This type of mandatory mediation is addressed in the pamphlet entitled "Family Court Services." and on the Kern County Superior Court Family Law page.)

Am I required to participate in mediation?
No. Civil mediation is an entirely voluntary process. Judicial officers may suggest civil mediation as a faster and less costly method to resolve a dispute. However, they will not require civil mediation. You may also terminate mediation in process if you are not comfortable with this method of dispute resolution.

What is a mediator?
A mediator is a qualified neutral person, usually an attorney, who may also be an expert in a specialized field, such as real estate or construction.

What does a mediator do?
The mediator improves communication between the parties, helps to clarify facts, identify legal issues, explore options and arrive at a mutually acceptable resolution.

How can I locate a qualified mediator?
Kern County Superior Court maintains a listing of mediators who have complied with the court's requirements, which include 40 hours of mediation training and experience mediating at least three civil cases. This listing is available:

Online
At the Public Counter of the Civil Department Directions
1415 Truxtun Avenue, First Floor Building Floor Plan (12K PDF)
Bakersfield, CA 93301

Information may also be available at the civil counters at regional court locations.

Am I obligated to select a mediator from the court's list?
No. The court provides this information as a courtesy, for informational purposes only. You must select your own mediator and initiate contact.

What role does my attorney play?
Your attorney may continue to represent you during the mediation process. The mediator will meet with you and your attorney, or may confer with your attorney individually.

Is mediation costly?
Mediator fees are comparable to attorney fees, and may include expenses associated with the mediator. The cost of mediation is generally shared between the disputing parties. Information about mediation fees

How does mediation save money?
Civil cases that proceed to court trial usually require extensive preparation and time-consuming court appearances. Resolution may require months or years. Civil mediation may be conducted more quickly, which can reduce attorney fees and expenses associated with expert witnesses.

Is mediation confidential?
Yes. Statements made in mediation cannot be repeated in court.

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Rules and Policies

Kern County Local Rules of Court
Rule 3.16 - Alternative Dispute Resolution (Effective 7/1/2003)

California Rules of Court (all California Rules of Court below open a new window)

Rule #	Title
Rule 3.850	Purpose and function
Rule 3.851	Application
Rule 3.852	Definitions
Rule 3.853	Voluntary participation and self-determination
Rule 3.854	Confidentiality
Rule 3.855	Impartiality, conflicts of interest, disclosure, and withdrawal
Rule 3.856	Competence
Rule 3.857	Quality of mediation process
Rule 3.858	Marketing
Rule 3.859	Compensation and gifts
Rule 3.865	Complaint procedure

Kern County Superior Court Policy - Voluntary Civil Mediation (7K PDF)

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Mediation Forms

Local Form

California Judicial Council Forms (links below are PDF's and open new window)

Form #	Name
ADR-100	Statement of Agreement or Nonagreement (mandatory)
ADR-101	ADR Information Form (optional)
ADR-102	Request for Trial De Novo After Judicial Arbitration (optional)
ADR-103	Petition After Attorney-Client Fee Dispute Arbitration Award (optional)
ADR-104	Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration (optional)
ADR-105	Information Regarding Rights After Attorney-Client Fee Arbitration (optional)
ADR-106	Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (optional)

Resources

Agency	Phone	Web site
Kern County Superior Court - Civil Division	(661) 868-5393	www.kern.courts.ca.gov/civil.asp
Kern County Law Library	(661) 868-5320	www.kerncountylawlibrary.org (opens new window)
Kern County Bar Association	(661) 334-4700	www.kernbar.org (opens new window)
California State Bar Association	(415) 538-2000	www.calbar.ca.gov/state/calbar/calbar_home.jsp (opens new window)
Better Business Bureau of Bakersfield	(661) 322-2074	http://www.cencal.bbb.org/WWWRoot/SitePage.aspx?site=25&id=7b3b2718-cf39-4358-ab5d-718988e3e732 (opens new window)
California Department of Consumer Affairs, Consumer Information Center	(800) 952-5210	www.dca.ca.gov/consumer/cic/index.shtml (opens new window)
Administrative Office of the Courts Self-Help		www.courtinfo.ca.gov (opens new window)

If you have an questions or comments about Civil Mediation please E-mail ADR.

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If you still have questions, E-mail ADR.

Superior Court of California, County of Kern court employees are prohibited from giving legal advice per section 24004 and 68082 of the Government Code. In addition, court employees may not give advice as to which legal forms to use or how to complete the forms.

Last Modified
10/12/2007

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