Legal Question in Intellectual Property in California

"I am located in California and I do not want to participate in the ADR process or, Alternative dispute resolution process AT ALL!!! These two codes; under civil L.R. 16-8(c) and ADR L.R. 3-5(b) fall under the telephone conference process (which I do not want either), how do I submit the proper response to the court and the ADR department, refrencing that I do not want to participate."


Asked on 5/21/11, 3:14 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Every court in California has its own local rules. Are you in a state court? If so, what county? A federal court? If so, which district? Your Zip code suggests Alameda County, but the case must be elsewhere, as the rule numbers don't match anything in Alameda County.

Please re-ask your question, specifying the court/

I would note that as a general principle, many courts do not make participation in an ADR process an option. If you are ordered to mediate, you may have to participate in good faith. This does not mean you have to settle, of course. You are always entitled to your day in court. Still, no matter how much you loath the other party, ADR achieves surprising results in cases where one wouldn't expect it, and I really recommend giving it a try. Furthermore, ADR allows the parties to participate in the decision, whereas a judge or jury will dispense judgment where you have no direct role in writing the decision.

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Answered on 5/21/11, 9:26 pm


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