Basic Principles of ADR
In its August 2005 resolution (Resolution ALJ-185), the Commission announced five basic principles that are the foundation of the CPUC ADR program:
VOLUNTARY
ADR is a voluntary option for the parties. This means the parties must agree to submit their dispute to the ADR Program. An assigned ALJ however, may require parties to attend facilitated workshops, settlement conferences, or meet with a neutral to explore the feasibility of an ADR.
TIMELINESS
ADR should shorten, not prolong, proceedings. But even if a negotiated settlement takes longer, the result may be more beneficial to all.
The Commission's ADR Program is offered to the parties free of charge.
GOOD FAITH
Those who engage in ADR should do so in an attempt to reach agreement--not to delay or secure tactical advantage.
CONFIDENTIALITY
Most ADR processes require confidentiality so that the parties' fundamental interests can be candidly explored.
The Commission will expeditiously approve settlements that are legally sufficient. Not all settlements reached through the ADR process will require Commission approval.
Page updated: 03/23/2018 DVB