As an experienced attorney and mediator, I have watched and participated in the
evolution of the Court Administered Dispute Resolution Program (CADRe) with awe.
The CADRe program is the most recent in a series of initiatives reshaping the
administration of civil justice in California.
At the core of this movement is the revolutionary concept that California’s courts are
not simply a place where legal disputes are tried before a judge or a jury. The CADRe
program and those like it across the state adopt the premise that the courts best serve
the public by providing guidance, direction and resources enabling parties to resolve
their legal disputes in a variety of ways which best meet their needs. This is in keeping
with the evolution of thought about ADR; no longer are mediation, arbitration or neutral
evaluation seen simply as "alternatives" to trial. Instead, there are several dispute
resolution processes available to the parties, any one or more of which may
be "appropriate" in meeting the disputants’ needs. Those processes include
mediation, arbitration and neutral evaluation, among others, as adjuncts to litigation
and trial, not as lesser "alternatives." Hence the term ADR has come to
mean "Appropriate Dispute Resolution."
Thus, the CADRe program illustrates the ability of the courts to enhance the quality of
justice by providing litigants with education and resources concerning the power they
have to control the timing, expense and outcome of lawsuits. The development of the
CADRe program coincides with a change in the way lawyers serve their clients. More
attorneys now accept a range of Appropriate Dispute Resolution processes, including
mediation, as a means of meeting the needs of their clients in a timely and cost-
effective manner. The bench and bar have therefore fulfilled their historic mission of
improving access to and the quality of justice by adopting the CADRe program.
This does not mean, however, that the CADRe program will make litigation and trials
a thing of the past. What it does mean is that litigation and trial are reserved for those
admittedly rare cases in which other means of appropriately resolving the dispute
meet the parties needs less effectively. The statistics have always suggested that over
90% of all civil actions filed are resolved prior to trial. There is no reason those cases
should be resolved after unnecessary time, expense and aggravation have been
incurred by the parties. The CADRe program assists the parties in taking control of
that 90% of the cases and resolving them quickly, efficiently and effectively through the
use of methods such as mediation, arbitration, neutral evaluation and special master
case management.
The Santa Barbara court and bar are to be commended on adopting an outstanding
court administered dispute resolution program. By providing litigants and their counsel
with an early opportunity to learn about appropriate dispute resolution methods, and
by furnishing a well-qualified and pre-screened panel of neutrals in each dispute
resolution field, the CADRe program has already succeeded in enhancing the quality
of justice in Santa Barbara County. One can only hope that other counties will, pardon
the pun, follow suit.