Local Court Form FL-2 [Rev.
01/2019]Local Court Rule 5.5
Page 1 of 3
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number, Address)
TELEPHONE NO: FAX NO.(Optional):
MOBILE NO:
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
Southern Division, 400 County Center, Redwood City, CA 94063
Northern Division, 1050 Mission Road, South San Francisco, CA 94080
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
ALTERNATIVE DISPUTE RESOLUTION OPTIONS
CASE NUMBER:
The San Mateo County Superior Court recommends Alternative
Dispute Resolution options in lieu of formal court litigation.
“Alternative” or “Appropriate Dispute Resolution” (ADR) is a general term for methods of resolving a dispute
without going through the formal court process. ADR can save you time, money, and increase your overall
satisfaction with the outcome of your case.
ADR can be used at any point in your case to resolve disputes regarding property division, child support,
spousal support, paternity, child custody, parenting plans, and many other family law issues.
Did you know that the vast majority of cases filed in court (95-98%) do not go to trial? Most cases are settled
or decided in some other way. But in many cases, the settlement comes only after considerable resources
have been expended. This is why the San Mateo County Superior Court supports the use of dispute
resolution alternatives at the earliest possible time. Local Rule 5.5(A) states:
The court strongly encourages the use of ADR but does not favor any particular form of ADR, endorse any
particular attorney, nor guarantee the outcome in any particular case.
California Rules of Court and the Family Law Act strongly encourage alternative dispute
resolution (ADR) of family matters. The Family Law Department recognizes that formal
litigation of legal claims and disputes is expensive and time consuming. The goals of
this Court are: to reduce hostilities between the parties; facilitate the early resolution of
issues; and provide parties with an opportunity to maximize their satisfaction with the
resolution of their case. It is therefore the policy of this Court to promote and encourage
the parties to settle their disputes by the use of appropriate dispute resolution options
which include mediation, arbitration, collaborative practice, court supervised settlement
conferences and/or judicial case management.
Instructions: All parties and counsel shall read the Notice, sign on page three, and have this Notice
served on the other party with any Petition or Response under the Family Law Act, Uniform Parentage
Act, Order to Show Cause, Response to Order to Show Cause, Notice of Motion, Response to Notice
of Motion, or any other family law pleading which will result in a court hearing or trial unless a notice
has previously been filed within the past 180 days. A proof of service shall be filed with the Court.
(Local Rule 5.5(B))
www.sanmateo.courts.ca.gov
Local Court Form FL-2 [Rev. 01/2019]
Local Court Rule 5.5
Page 2 of 3
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
Instructions: All parties and counsel shall read the Notice, sign on page three, and have this Notice
served on the other party with any Petition or Response under the Family Law Act, Uniform Parentage
Act, Order to Show Cause, Response to Order to Show Cause, Notice of Motion, Response to Notice
of Motion, or any other family law pleading which will result in a court hearing or trial unless a notice
has previously been filed within the past 180 days. A proof of service shall be filed with the Court.
(Local Rule 5.5(B))
DESCRIPTION OF SERVICES AND COST:
The Court manages a panel of attorneys with special training in mediation and arbitration and a commitment
to finding alternatives to formal litigation. The attorneys who serve on the ADR panel have agreed to offer
participants a 90-minute session for $100
($50 per party). Additional sessions are available at the attorney’s
market rate. For more information call the ADR office at: (650) 261-5076 or (650) 261-5075, or visit the
website at:
www.sanmateo.courts.ca.gov/adr/familylaw.
Mediation
Mediation
through
the
ADR
program
is
voluntary.
A
neutral
attorney
called
a
“mediator”
meets
with
parties
and/or
their
attorneys
to
assist
them
in
reaching
an
agreement.
The
mediator
facilitates
communication between the participants, clarifies issues, explores each party’s needs and interests,
and helps the participants to consider options for settlement.
The parties may resolve a single issue or the entire case. The agreements reached in mediation are
not limited by the results available under the law so mediated solutions can more easily accommodate
the circumstances of individual cases. An agreement reached in mediation is binding once it is turned
into a court order and signed by the Judge. You cannot be forced to accept a decision in mediation and
participating in mediation does not impact your right to a court hearing. If an agreement is not reached
you may continue through the court
system.
Mediation
is
private
and
confidential.
The
sessions
are
conducted
in
the
mediator’s
office.
Anything
spoken or written during mediation by any of the participants is confidential and may not be disclosed
to the Court or any other person without the consent of the participants.
Arbitration
Arbitration
is
private
and
less
formal
than
a
court
trial.
In
arbitration,
a
neutral
attorney
called
the
“arbitrator” makes a decision based
on the
information presented
by
both sides. The arbitrator then
prepares a written decision and sends it to
both parties and the Court. The court’s ADR program offers
binding arbitration with a neutral serving as a temporary judge. Binding means there is no right to appeal
and you will accept the arbitrator’s decision as
final.
Collaborative
Practice
In
the
collaborative
process,
you
and
the
other
party
each
have
a
private
attorney
and
make
a
commitment to resolve your disputes without going to court. Similar to mediation, collaborative practice
operates in the spirit of honesty and cooperation. In the collaborative process, both parties together
with
the
professionals
(attorneys,
mental
health
and
financial
experts)
work
as
a
team
to
resolve
disputes
respectfully
with
an
emphasis
on
financial
responsibility
and
cooperative
co-
parenting.
Collaborative Practice San Mateo County is a private organization of professionals specially trained in
collaborative practice. For more information, fees or a list of professionals, please see the web site at
www.collaborativepracticesanmateocounty.org/.
www.sanmateo.courts.ca.gov
Local Court Form FL-2 [Rev.
01/2019]Local Court Rule 5.5
Page 3 of 3
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
FAMILY COURT SERVICES MEDIATION
The Court encourages the use of the ADR options described above to resolve custody and parenting plan
disputes. However, if you do not reach an agreement on these issues, California law requires you to meet
with Family Court Services (FCS) before submitting these issues to a Judge. FCS will first attempt to settle
the issues through mediation, however, if no agreement is reached then the FCS counselor will prepare a
written recommendation to the Court based upon the best interests of the child(ren). FCS mediation is not
confidential and does not address your property or financial dispute. There is no fee for mediation with FCS.
DOMESTIC VIOLENCE AND ADR:
ADR is most effective when parties are able to communicate and solve problems without fear or
intimidation. For this reason when there is a history of domestic violence in a relationship, ADR may not be
appropriate.
The undersigned certifies that s/he has read this Notice in compliance with San Mateo County
Local Rule 5.5.
Date: Date:
Signature of Petitioner
Signature of Respondent
Attorney certification of compliance with San Mateo County Local Rule 5.5:
Date Date
Signature of Attorney for Petitioner
Signature of Attorney for Respondent
Instructions: All parties and counsel shall read the Notice, sign on page three, and have this Notice
served on the other party with any Petition or Response under the Family Law Act, Uniform Parentage
Act, Order to Show Cause, Response to Order to Show Cause, Notice of Motion, Response to Notice
of Motion, or any other family law pleading which will result in a court hearing or trial unless a notice
has previously been filed within the past 180 days. A proof of service shall be filed with the Court.
(Local Rule 5.5(B))
www.sanmateo.courts.ca.gov
