How to Fill Out California Form ADR-100 (w/Examples) + FAQs

California Form ADR-100 is the Stipulation to Alternative Dispute Resolution Process, and you fill it out by listing the case caption, choosing one ADR method, naming the neutral, scheduling a completion date, and signing it with every party or attorney before filing it with the court clerk at least 30 days before the Case Management Conference. The form tells the judge that the parties agree to resolve the dispute outside the courtroom through mediation, arbitration, neutral evaluation, or another approved process under the California Rules of Court, Rule 3.221.

The problem this form addresses is court congestion and the high cost of trial, which can drain a family budget or a small business in months. According to the Judicial Council of California 2023 Court Statistics Report, more than 600,000 unlimited civil cases were filed statewide, and ADR resolves a large share of them without a jury verdict.

Here is what you will learn in this guide:

• 📝 How to complete every box on Form ADR-100 line by line with Judicial Council instructions.
• ⚖️ The five ADR processes you can pick and the legal consequences of each choice.
• 🧭 The exact filing timeline tied to your Case Management Conference under Rule 3.722.
• 🚫 The seven most common mistakes that get the stipulation rejected by the clerk.
• 💬 Real-world named examples, scenario tables, and 12 plain-English FAQs answering the questions judges hear most.

What Form ADR-100 Is and Why It Exists

Form ADR-100 is the official Judicial Council form parties use to tell a California Superior Court that they have agreed to use an Alternative Dispute Resolution process instead of, or in addition to, traditional litigation. The form is optional in the sense that no statute forces you to sign it, but once you do sign it, the court treats it as a binding stipulation under Code of Civil Procedure § 1775.5. Filing the form pauses or reshapes the litigation track, and the clerk uses it to set or vacate the Case Management Conference date.

The form exists because California adopted the Civil Action Mediation Act in 1993 to reduce court backlogs and trial costs. The Legislature found that mediation could resolve many disputes faster and cheaper than a bench or jury trial. The plain-English meaning is simple: the state wants you to try to settle before a judge spends taxpayer money on a trial.

The consequence of ignoring ADR options is steep. Trial in an unlimited civil case in Los Angeles County can take 24 to 36 months from filing to verdict, and attorney fees often exceed $75,000 per side, according to data from the LA Superior Court Civil Division. A real-world example helps: when Maria, a small bakery owner, sued her former supplier for $90,000, her ADR-100 mediation closed the case in 90 days for $4,200 in shared mediator fees, instead of the $60,000 her lawyer projected for trial.

A common misconception is that signing ADR-100 means you give up your right to a jury trial forever. That is not true. If the ADR process fails, the case returns to the active litigation calendar, and your jury trial right under Article I, Section 16 of the California Constitution remains intact unless you also signed a binding arbitration agreement.

When You Must File ADR-100 and How It Connects to the CMC

Under California Rules of Court, Rule 3.221, every plaintiff must serve the ADR Information Package with the complaint, and every cross-complainant must serve it with the cross-complaint. The ADR-100 stipulation itself is filed later, once the parties pick a process. The stipulation should be filed no later than 15 days before the Case Management Conference, although many counties accept it up to the date of the conference.

The Case Management Conference, governed by Rule 3.722, is the hearing where the judge decides the litigation schedule. If you file ADR-100 before the CMC, the judge often vacates the conference and sets an ADR review date instead. The consequence of skipping ADR-100 is that the judge can order ADR anyway under Code of Civil Procedure § 1775.3, and you lose control over the choice of process and neutral.

A real-world example: David, an electrician, sued a contractor for $48,000 in unpaid invoices in Orange County. He filed ADR-100 ten days before the CMC, naming a JAMS mediator. The court vacated the CMC and gave the parties 120 days to mediate. They settled at the first session for $41,500.

A common misconception is that the 30-day rule in Rule 3.221 applies to ADR-100 filing. It does not. That 30-day window applies to serving the ADR information package, not to filing the stipulation.

Limited vs. Unlimited Civil Cases

Limited civil cases involve disputes of $35,000 or less under Code of Civil Procedure § 85, as raised by Assembly Bill 2347 (2023). These cases often go through judicial arbitration under Code of Civil Procedure § 1141.11, which is mandatory for most limited civil disputes.

Unlimited civil cases involve more than $35,000 and are filed under CCP § 88. For these cases, ADR is encouraged but rarely mandated, so ADR-100 carries more weight as a voluntary stipulation. The consequence of filing ADR-100 in an unlimited case is that the parties keep full control over the neutral, the process, and the timing.

A misconception is that small claims cases use ADR-100. They do not. Small claims under CCP § 116.110 use their own dedicated mediation programs run by each county.

Family Law and Probate Use Cases

Family law cases use a different stipulation form, FL-359, but ADR-100 still appears in some family law contexts involving property division when the parties want a neutral evaluator. Probate cases under Probate Code § 17200 sometimes use ADR-100 for trust disputes.

The consequence of using the wrong form is rejection by the clerk and a delay of two to four weeks. A misconception is that ADR-100 covers child custody disputes. It does not. Custody mediation is mandatory and confidential under Family Code § 3170.

The Five ADR Processes Listed on ADR-100

Form ADR-100 lists five ADR processes you can choose. You must pick one and only one for the stipulation, although you can file a second ADR-100 later if the first process fails. The processes are mediation, binding arbitration, non-binding arbitration, neutral evaluation, and “other” with a description.

Mediation

Mediation is a confidential, non-binding process where a neutral helps the parties negotiate a voluntary settlement. The legal framework lives in Evidence Code §§ 1115–1129, which protect mediation communications from disclosure.

The consequence of breaching mediation confidentiality is that the offending statement is inadmissible at trial, and the breaching party can face sanctions under Cassel v. Superior Court (2011) 51 Cal.4th 113. A real-world example: Priya, a software engineer, mediated a wrongful termination claim and disclosed her settlement number to a journalist. The court excluded all mediation evidence and sanctioned her counsel $2,500.

A common misconception is that the mediator can decide the case. The mediator cannot. Only the parties can settle. If they do not agree, the case returns to court.

Binding Arbitration

Binding arbitration is a private trial before a neutral arbitrator whose decision is final and enforceable under Code of Civil Procedure § 1285. The award can be confirmed as a judgment in superior court within four years.

The consequence of choosing binding arbitration is that you waive your right to appeal on the merits. Grounds to vacate are limited to fraud, corruption, and arbitrator misconduct under CCP § 1286.2. A real-world example: Marcus, a franchise owner, lost a $310,000 binding arbitration over inventory and could not appeal the legal errors his lawyer identified.

A common misconception is that binding arbitration is always cheaper than trial. For high-stakes commercial disputes, arbitrator fees of $800 to $1,500 per hour can rival trial costs.

Non-Binding Arbitration

Non-binding arbitration produces an advisory award that either party can reject by filing a request for trial de novo under CCP § 1141.20 within 30 days. If no party rejects, the award becomes a judgment.

The consequence of rejecting the award and then doing worse at trial is that you may owe the other side’s costs and expert fees under CCP § 1141.21. A misconception is that non-binding arbitration is a waste of time. In practice, more than 70 percent of non-binding awards are accepted, according to Judicial Council ADR program data.

Neutral Evaluation

Neutral evaluation is a process where an experienced lawyer or retired judge gives the parties a candid, confidential assessment of the case under California Rules of Court, Rule 3.835. The evaluator does not decide anything but predicts how a judge or jury would likely rule.

The consequence of skipping neutral evaluation in a complex technical case is often a misjudged settlement value. A real-world example: Dr. Chen, a cardiologist sued for malpractice, paid $6,000 for neutral evaluation that pegged her exposure at $180,000. She settled for $165,000 and avoided a $750,000 verdict risk.

A misconception is that the evaluator’s opinion is binding. It is not. The opinion is advisory and confidential.

Settlement Conference and “Other”

The “other” box on ADR-100 lets parties propose a Mandatory Settlement Conference under Rule 3.1380, a private judging arrangement under CCP § 638, or a hybrid med-arb. You must describe the process clearly so the judge can approve it.

The consequence of writing a vague “other” entry is rejection by the clerk and a request for a more specific stipulation. A misconception is that you can pick more than one process. The form requires a single primary process per stipulation.

Filling Out Form ADR-100 Line by Line

The current version of ADR-100 was revised effective January 1, 2024. Each box has a specific purpose, and the clerk’s office checks every entry. Use black or blue ink if filing on paper, or type the form using the fillable PDF.

Caption Block (Top of Page)

The caption block requires the attorney or self-represented party’s name, State Bar number if applicable, address, telephone, email, and the party represented. The State Bar number is mandatory for licensed attorneys under Business and Professions Code § 6068.

The consequence of leaving the State Bar number blank is rejection by the clerk and possible discipline referral. A real-world example: Attorney Reyes filed ADR-100 without his bar number, and the Orange County clerk rejected the form, costing his client a missed CMC deadline.

A misconception is that the email field is optional. Under Rule 2.111, email is now required for service in most civil cases.

Court Name and Branch

You must list the exact superior court and branch. For example, “Superior Court of California, County of Los Angeles, Stanley Mosk Courthouse.” Each county has multiple branches, and the wrong branch routes the file to the wrong clerk.

The consequence of naming the wrong branch is a two- to three-week delay while the clerks transfer the file. A misconception is that “Los Angeles County” alone is enough. The branch matters because civil cases are now routed under the LA Court PI Hub for personal injury matters.

Case Number and Title

The case number must match exactly, including dashes and letters such as “23STCV12345” for Stanley Mosk or “30-2024-01234567” for Orange County. The case title must mirror the complaint, for example “Smith v. Jones, et al.”

The consequence of a typo is automatic rejection by the e-filing system. A misconception is that “et al.” can be dropped. Keep it for consistency with the operative pleading.

Item 1: Stipulation to ADR

Item 1 is the main checkbox section. You check the single box that matches your chosen process. The five options are mediation, binding arbitration, non-binding judicial arbitration, neutral evaluation, and other.

The consequence of checking two boxes is that the clerk rejects the form. A misconception is that you can write “mediation, then arbitration” in the other box. You can, but you must describe the med-arb sequence in detail and attach the agreement.

Item 2: Name of ADR Provider

Item 2 asks for the neutral’s name and the provider organization, such as JAMS, ADR Services, Inc., Judicate West, or a court-connected panel neutral. You must include the neutral’s full name and contact details.

The consequence of leaving Item 2 blank is that the judge will appoint a neutral, often from the court’s ADR panel, which may not match your needs. A real-world example: Jasmine, a landlord, left Item 2 blank and the judge appointed a neutral with no real estate background, leading to a 60-day delay.

A misconception is that the neutral must be a retired judge. Many excellent neutrals are practicing attorneys with subject-matter expertise.

Item 3: Date of Completion

Item 3 sets the ADR completion date. Most counties require completion within 90 to 180 days of the stipulation. Pick a realistic date that allows for scheduling, briefing, and the actual session.

The consequence of picking too short a date is a missed deadline and a status conference. The consequence of picking too long a date is judicial pushback and a shorter date imposed by the court. A misconception is that the date can be extended freely. Extensions require a written stipulation or a motion under Rule 3.1332.

Signatures and Date

Every party or their attorney must sign and date the form. Electronic signatures are valid under CCP § 17 and Rule 2.257.

The consequence of a missing signature is rejection. A misconception is that one party can sign for all. Each party must sign personally or through their counsel.

Three Common Scenarios with Outcomes

Filing Choice	Likely Court Outcome
Plaintiff and defendant file ADR-100 selecting mediation 20 days before CMC, naming a JAMS mediator and a 120-day completion date	Court vacates the CMC, sets a status conference 130 days out, and the case typically settles in 60 to 90 days at a cost of $3,000 to $8,000 per side
Parties check binding arbitration in Item 1 but fail to attach the underlying arbitration agreement	Clerk accepts the filing but the judge may strike the stipulation under CCP § 1281.2, and the case returns to the active trial calendar
Parties leave Item 3 completion date blank	Court inserts a default 90-day completion date or rejects the form, forcing a re-file and a missed CMC

Three Named Examples Walking Through ADR-100

Linda, a graphic designer in Sacramento, sued a tech startup for $62,000 in unpaid invoices. She filed ADR-100 selecting mediation, named a Sacramento County court-connected mediator, and set a 90-day completion date. The case settled in 45 days for $54,000.

Carlos, a construction subcontractor in San Diego, faced a $215,000 cross-complaint over alleged defective work. He filed ADR-100 selecting non-binding judicial arbitration under San Diego Superior Court Local Rule 2.31. The arbitrator awarded $48,000 against him, both sides accepted the award, and judgment entered without trial.

Aisha, a tenant in Alameda County, filed ADR-100 in a habitability case selecting neutral evaluation through the Alameda County Bar Association ADR program. The evaluator valued her case at $22,000, and the landlord paid $20,500 within 30 days.

Mistakes to Avoid When Filing ADR-100

The clerk’s office and judges see the same errors over and over. Avoiding these mistakes saves weeks and sometimes thousands of dollars.

• Filing the wrong form, such as using ADR-110 (the order) instead of ADR-100 (the stipulation), which causes immediate rejection.
• Checking two ADR process boxes in Item 1, which voids the stipulation because the form requires one primary process.
• Leaving the neutral’s name blank in Item 2, which forces the judge to pick a neutral from the court panel and removes party choice.
• Setting an unrealistic 30-day completion date when the neutral has no availability for 60 days, leading to a sanctioned missed deadline.
• Forgetting a party’s signature, especially in multi-defendant cases, which makes the stipulation unenforceable against the unsigned party.
• Filing without serving the ADR-001 Information Package on the defendant first, which violates Rule 3.221(c) and can trigger sanctions of up to $1,500.
• Choosing binding arbitration without attaching the underlying arbitration agreement, which lets the opposing party challenge enforceability under CCP § 1281.2.
• Filing the form after the CMC instead of before, which wastes the chance to vacate the conference and incurs unnecessary appearance fees.
• Naming a neutral without checking conflicts under the California Code of Judicial Ethics, Canon 6D, which can disqualify the neutral mid-process.

Do’s and Don’ts of ADR-100

The do’s and don’ts below come from court clerks, ADR coordinators, and frequent filers across California.

• Do meet and confer with opposing counsel before filing under Rule 3.724 because a joint stipulation is far more likely to be approved than a unilateral one.
• Do confirm the neutral’s availability in writing before naming them in Item 2 to avoid embarrassing scheduling conflicts.
• Do serve the ADR Information Package with the complaint to lock in compliance with Rule 3.221.
• Do file ADR-100 at least 15 days before the CMC so the judge has time to vacate the conference.
• Do keep a stamped-filed copy because the neutral and provider will request proof of the stipulation before booking the session.
• Don’t use a draft or expired version of the form because the Judicial Council updates ADR-100 periodically and clerks reject old versions.
• Don’t assume the other side has authority to settle without confirming under CCP § 583.130.
• Don’t sign on behalf of a corporate party without written authorization because unauthorized signatures can void the stipulation.
• Don’t skip the local rules of your county because each county adds nuances on top of the statewide form.
• Don’t combine ADR-100 with a settlement agreement in one document because the two serve different legal purposes.

Pros and Cons of Filing ADR-100

Weighing the pros and cons helps parties decide whether to stipulate or stay on the trial track.

• Pro: Faster resolution, with most mediated cases closing in 90 days versus 24 months for trial, according to Judicial Council statistics.
• Pro: Lower cost, with mediation averaging $3,000 to $8,000 per side versus $75,000+ for trial preparation in unlimited civil cases.
• Pro: Confidentiality under Evidence Code § 1119, which keeps sensitive business and personal facts out of the public record.
• Pro: Party control over the neutral, the schedule, and the process, which cannot happen at trial where the judge controls everything.
• Pro: Higher satisfaction rates, with American Bar Association studies showing 80 percent of mediated parties report satisfaction versus 40 percent of litigated parties.
• Con: No formal discovery in mediation, which can disadvantage a party who needs documents from the other side.
• Con: Limited appeal rights in binding arbitration under CCP § 1286.2, which means legal errors usually stand.
• Con: Out-of-pocket neutral fees, which are often shared but still hit cash flow before any settlement.
• Con: Risk of an unsuccessful process, which adds time and cost on top of eventual trial preparation.
• Con: Potential power imbalance, where a sophisticated party can outmaneuver a self-represented party without a judge’s protection.

Recap of Key California Rulings on ADR Stipulations

The case Cassel v. Superior Court (2011) 51 Cal.4th 113 confirmed that mediation confidentiality under Evidence Code § 1119 covers attorney-client communications during mediation. The case Simmons v. Ghaderi (2008) 44 Cal.4th 570 held that mediation confidentiality cannot be waived by conduct, only by express written agreement. In Foxgate Homeowners’ Assn. v. Bramalea California, Inc. (2001) 26 Cal.4th 1, the Supreme Court ruled that statements made in mediation cannot be reported to the court even to prove sanctionable conduct.

The case Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 established that arbitration awards are not reviewable for legal error. The case Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223 confirmed that arbitration provisions can bind nonsignatories under agency principles.

County-Level Nuances You Should Know

Each county adds local rules to the statewide form. In Los Angeles, the LA Superior Court ADR program requires parties to use the LASC Local Form ADR-005 alongside ADR-100 for personal injury cases. In Orange County, the OC Superior Court Local Rule 316 requires the stipulation to be filed at least 15 days before the CMC.

In San Diego, the San Diego Superior Court Local Rule 2.31 presumes mediation for all unlimited civil cases. In Santa Clara, the Santa Clara Superior Court Complex Civil Department often orders early neutral evaluation for cases over $1 million. In Alameda County, the ACBA Mediation Program provides court-connected neutrals at reduced rates.

FAQs

Do I have to file Form ADR-100 in every California civil case?

No. Form ADR-100 is voluntary in unlimited civil cases, but most courts strongly encourage it. Some local rules and limited civil cases under CCP § 1141.11 require judicial arbitration regardless of stipulation.

Can I file ADR-100 without an attorney?

Yes. Self-represented parties can file ADR-100 directly with the clerk. The form is designed to be readable, and court self-help centers offer free guidance on completing each box.

Is mediation under ADR-100 confidential?

Yes. Mediation communications are confidential under Evidence Code § 1119. Statements made during mediation cannot be used in later court proceedings, with very narrow exceptions.

Can the judge reject my ADR-100 stipulation?

Yes. Judges can reject the stipulation if it is incomplete, names an unqualified neutral, sets an unreasonable completion date, or conflicts with case management orders.

Does signing ADR-100 waive my right to a jury trial?

No. Signing ADR-100 for mediation, neutral evaluation, or non-binding arbitration preserves your jury trial right. Only binding arbitration waives it under CCP § 1281.

Who pays the neutral’s fees?

Yes, the parties pay, usually splitting fees evenly unless they stipulate otherwise. Some court-connected programs provide neutrals free or at reduced rates for the first three hours.

Can I change ADR processes after filing ADR-100?

Yes. You can file a second ADR-100 to switch processes if the first one fails or all parties agree. The court usually accepts the new stipulation without a hearing.

What happens if the other party refuses to sign ADR-100?

No, you cannot force a stipulation. You can file a motion to compel ADR under CCP § 1775.3 or ask the judge to order ADR at the CMC.

Is ADR-100 used in small claims court?

No. Small claims cases use county-specific mediation programs under CCP § 116.110 and do not require ADR-100.

Does ADR-100 stop the litigation deadlines?

No. Filing ADR-100 does not automatically stay discovery or motion deadlines. You need a separate stipulation or court order to stay the case under Rule 3.650.

Can I file ADR-100 electronically?

Yes. Most California superior courts require e-filing for represented parties under Rule 2.253. Self-represented parties can usually file on paper or through approved e-filing portals.

Is the ADR-100 stipulation enforceable like a contract?

Yes. Courts treat the signed stipulation as a binding agreement under CCP § 664.6, and parties can enforce it by motion if the other side breaches.