ADR and Substance Use
Can Alternative Dispute Resolution Be Used When Substance Use Is an Issue?
Potentially. Substance-use concerns do not automatically make mediation or another ADR process impossible. Safety, capacity to participate and the type of process all matter.
Quick answer
Can ADR Work When Substance Use Is an Issue?
- Potentially. Substance-use concerns do not automatically make mediation or another ADR process impossible.
- Important issues can include safety, capacity to participate, power imbalance and current impairment.
- Domestic violence, child safety, reliability of agreements and the need for legal protections can also matter.
- Attorneys and the mediator determine the appropriate process.
Decision pathway
The Question Is Not Simply "ADR or No ADR?"
Decision pathway from a substance-use concern through capacity, safety, ADR type and clinical services to the process decision.
Substance-use concern identified
Is the person able to participate meaningfully?
Are there safety or power-imbalance issues?
What type of ADR is being considered?
Are clinical or monitoring services relevant?
Attorneys / mediator determine the appropriate process
Participation
Capacity to Participate
A person needs to be able to understand and take part in the process. Current impairment during a session is a different issue from a past or managed substance-use condition. See Does a Recent Relapse Prevent ADR?
Safety
Safety and Power Imbalance
Domestic violence, child safety and serious power imbalances may require protections or a different process. ADR is not appropriate in every situation.
California custody
California Court-Connected Custody Mediation Is Separate
Court-connected custody mediation follows Rule 5.210. Family Court Services screens for restraining orders, safety concerns and other relevant issues. Private clinical monitoring does not control whether that mediation occurs. Local programs also differ.
Clinical
When Treatment or Monitoring Is Relevant
Qualified clinicians make treatment recommendations. Testing providers report results. That information may be shared with authorization. See Treatment Plan for Court and Remote Alcohol Monitoring.
Legal note
Whether ADR is appropriate is decided by attorneys, the mediator and, where required, the court. Clinical issues are assessed by qualified clinicians.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate treatment, testing, monitoring and authorized documentation. ETS does not decide whether mediation is legally appropriate or whether someone may participate.
Responsibilities
Who Does What?
Family-law counsel
Advises on process and protections.
Mediator
Assesses and facilitates the process.
Qualified clinician
Assesses and recommends treatment.
Testing provider
Reports testing information.
ETS
Coordinates services and records.
Questions
ADR and Substance Use: Frequently Asked Questions
Sources & Legal References
California Courts
Clinical
Confidential consultation
Substance Use in a Dispute?
ETS can coordinate treatment, testing and records while counsel and the mediator handle the process.
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