Summary of Alternative Dispute Resolution (ADR) Procedure
Per California Civil Code 5925 1. “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decision-making process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties. 2. “Enforcement action” means a civil action or proceeding, other than a cross-complaint, for any of the following purposes: 3. Enforcement of this act. 4. Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencingwith Section 7110 of Division 2 of Title 1 of the Corporations Code) 5. Enforcement of the governing documents. Per California Civil Code 5930 1. An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article. 2. This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure. 3. This section does not apply to a small claims action. 4. Except as otherwise provided by law, this section does not apply to an assessment dispute.
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