Sacramento skyline and the illuminated Tower Bridge over the Sacramento River at dusk
SACRAMENTO / LOS ANGELES / SAN DIEGO

A better way
forward.

When the stakes are high, perspective matters.
Disciplined dispute resolution for businesses,
organizations, and the people behind them.

THE ELLIS & ASSOCIATES TEAM

Beyond the conflict.
Toward what comes next.

Disputes can interrupt more than business. They can put relationships, reputations, and the future of an organization in question.

At Ellis & Associates, our team brings legal scholarship, business perspective, and an understanding of leadership to a deliberate dispute resolution process. Our focus is clear: understand the issues, respect the people, and create room for progress.

Our team & leadership

DISPUTE RESOLUTION SERVICES

The right process.
For the matter at hand.

Different disputes require different paths.
Explore a process built around your needs.

MEDIATION

Find common ground.
Keep control of the outcome.

A structured conversation that moves beyond positions to the interests behind them. Mediation gives parties the space to explore practical solutions with the assistance of an impartial neutral.

For parties ready to explore a negotiated resolution.

  • Focused preparation
  • Constructive dialogue
  • Solutions shaped by the parties
PURPOSEFUL. IMPARTIAL. PREPARED.

CALIFORNIA ADR & THE COURT PROCESS

How ADR works
in California.

A structured path to resolution, shaped by applicable law, the parties’ agreement, and the court’s directions.

NEUTRALITY & PROFESSIONAL STANDARDS

The role of a neutral dispute resolution provider is to guide an impartial process. Ellis & Associates facilitates mediation and conducts arbitration; the firm does not provide legal advice or legal representation to participants. Parties may consult independent counsel regarding their rights, obligations, and settlement decisions.

Read our professional standards and California legal framework

BEFORE OR DURING LITIGATION

Alternative dispute resolution offers a structured way to address a dispute without a courtroom trial. Parties may arrange private ADR before filing a lawsuit or while a case is pending. Participation may arise from agreement, an enforceable contractual requirement, or a court order where authorized by law.

WHEN A CASE IS ALREADY PENDING

California’s civil case management rules require parties to consider applicable ADR issues during the meet and confer and case management process. A court may address the appropriate process and its completion date before trial. Whether participation is mandatory depends on the case, the governing statutes, applicable local rules, and the court’s order.

01

Mediation

Parties may agree to private mediation, and courts may order mediation when authorized by the applicable statute or court program. Eligibility, mediator selection, attendance, timing, and any required reports depend on the governing law, local rules, and court order. The mediator facilitates negotiations; any settlement requires the parties’ voluntary agreement.

02

Judicial arbitration

Certain civil cases are subject to nonbinding judicial arbitration under rule 3.811, with eligibility and exemptions determined by statewide rules and applicable local rules. An arbitrator hears the dispute and issues an award. A party may request a trial within the deadline and under the procedures in rule 3.826. If no timely request for trial is made, the award may be entered as a judgment.

03

Contractual arbitration

When an enforceable arbitration agreement covers a dispute, a court may compel arbitration under Code of Civil Procedure § 1281.2, subject to applicable defenses and exceptions. This is distinct from judicial arbitration. The parties’ agreement and applicable law govern the process, whether an award is binding, and the availability and scope of court review.

04

Mandatory settlement conferences

Under rule 3.1380, a court may set one or more mandatory settlement conferences on its own motion or at a party’s request. The rule addresses attendance by trial counsel, parties, and persons with full settlement authority, as well as written submissions. A conference under this rule is a distinct court process. Any request to use private ADR in its place must be addressed with the court.

OUR TEAM. YOUR RESOLUTION PROCESS.

Prepared for the matter.
Coordinated from the outset.

Coordinate an ADR session

At Ellis & Associates, our team coordinates private mediation, arbitration, neutral evaluation, and settlement facilitation for parties in Sacramento, Los Angeles, and San Diego. We work directly with parties and, where they are represented, their attorneys to establish scope, prepare for the session, and align scheduling with the governing agreement and any applicable court order.

Before confirming an engagement, our team reviews conflicts, arranges required neutral disclosures, and confirms the selection procedure, eligibility requirements, fees, and any necessary court approval. A private engagement may satisfy a court ADR requirement only when the governing rules and order permit it. Parties and their counsel remain responsible for their litigation filings and deadlines.

STANDARDS BEHIND THE PROCESS

Defined duties.
Professional discipline.

Our team addresses the governing procedures, required disclosures, and confidentiality protections before a session begins.

Mediation conduct
Where the rules for court-connected civil mediation apply under rule 3.851, the mediator must observe the applicable standards in rules 3.850–3.860, including impartiality, disclosures, confidentiality, competence, and party self-determination.
Arbitrator ethics & disclosures
Neutral arbitrators in contractual arbitration are subject to applicable duties under Code of Civil Procedure § 1281.85, § 1281.9, and the Judicial Council’s neutral arbitrator ethics standards. Judicial arbitration follows its separate court rules.
Mediation confidentiality
Evidence Code § 1119 protects qualifying mediation communications and materials, subject to statutory scope limits and exceptions. Under § 1117(b)(2), the mediation confidentiality chapter does not apply to settlement conferences conducted pursuant to rule 3.1380.
Completion & reporting
Any required attendance records, completion reports, or other neutral submissions follow the applicable court or program rules and confidentiality protections. Court deadlines remain governed by applicable law and any court order.
Dr. Mark Ellis, J.D., Ph.D., founder and managing partner of Ellis & Associates
Dr. Mark Ellis, J.D., Ph.D.FOUNDER & MANAGING PARTNER

OUR TEAM & LEADERSHIP

Legal scholarship.
Business perspective.
Human understanding.

Dr. Mark Ellis, J.D., Ph.D., serves as a neutral mediator and arbitrator at Ellis & Associates. His work draws upon extensive graduate legal education, doctoral scholarship, business leadership, and more than 25 years of teaching at state and private universities. He brings a disciplined, impartial approach to each matter, combining careful analysis with an understanding of the commercial realities, practical considerations, and human relationships at stake.

Dr. Ellis is a graduate of Baylor University and the University of the Pacific’s McGeorge School of Law. He received numerous distinguished law school awards and passed the California Bar Examination on his first attempt. He is the author of books on business law, contracts, and tort liability, and his legal articles have appeared in Business Law Today, published by the American Bar Association’s Business Law Section.

That experience informs our team’s attention to the commercial realities and human relationships behind a dispute. Our team approaches each matter with careful preparation, independent judgment, and respect for everyone at the table.

J.D.LL.M.S.J.D.Ph.D.MBA

In mediation and arbitration, Dr. Ellis serves as an impartial neutral. His role is to facilitate voluntary resolution in mediation and to hear and decide disputes in arbitration under the parties’ agreement and applicable law. Ellis & Associates coordinates the process with the parties and, when represented, their independent legal counsel. This neutral role does not include providing legal advice, advocacy, or legal representation to any party.

OUR TEAM / DISPUTE RESOLUTION & CASE SUPPORT

Dispute resolution and case support.

CASE ADMINISTRATION & PARTY COORDINATION

A disciplined process.
Thoughtful support.

Effective dispute resolution begins with clear procedures and careful preparation. Ellis & Associates coordinates with parties and, when represented, their attorneys to organize the practical details of each matter, including scheduling, participant communications, document exchange, and arrangements for virtual or in person sessions.

Before an engagement is confirmed, the matter is reviewed for conflicts, suitability, scope, and the appropriate process. Throughout the engagement, the focus is on orderly administration, impartiality, and respect for everyone at the table, so participants can devote their attention to the issues that require resolution.

Explore our rules, forms & case administration

Case coordination

Case coordination provides continuity from the first inquiry through session completion. Coordinators assist with scheduling, participant communications, information exchange, and practical arrangements for each matter. Their work keeps the administrative process organized around the agreed ADR procedures and any applicable court requirements.

Administrative support

Administrative support staff assist with session logistics, document coordination, and routine recordkeeping. They help organize materials and coordinate the practical arrangements for virtual and in person sessions. These functions support the ADR process and do not include legal advice or representation for participants.

PRACTICE AREAS

Complex issues.
Considered carefully.

The types of disputes we address through mediation, arbitration, and other neutral resolution processes.

01

Business & Commercial Disputes

Contract performance, commercial relationships, payment disputes, and business transactions.

CONTRACTS / TRANSACTIONS
02

Partnership & Governance Disputes

Partnership disagreements, shareholder interests, business ownership, and organizational decision making.

PARTNERSHIPS / OWNERSHIP
03

Workplace & Organizational Disputes

Workplace relationships, leadership transitions, organizational conflict, and difficult internal conversations.

WORKPLACE / LEADERSHIP
04

Intellectual Property Disputes

Licensing relationships, ownership concerns, creative assets, and disputes involving the use of intellectual property.

LICENSING / CREATIVE ASSETS
05

Real Estate & Property Disputes

Property transactions, commercial leasing relationships, and disagreements over contractual obligations.

PROPERTY / LEASING
06

Higher Education Disputes

Institutional relationships, administrative disagreements, governance, and organizational change.

INSTITUTIONS / GOVERNANCE

PREPARED. INDEPENDENT. FOCUSED.

Progress begins
with preparation.

A clear process gives difficult conversations
a better place to begin.

01

Start the conversation

Share the nature of the dispute, the parties involved, and your preferred timing. Begin with a brief overview.

02

Define the process

Address conflicts, confirm the appropriate service, and agree on scope, format, fees, and scheduling.

03

Prepare with purpose

Identify the key issues, participants, relevant materials, and goals so the session has a clear focus.

04

Work toward resolution

Engage in a thoughtful process and identify the next steps appropriate to the matter and the parties’ agreement.

BEFORE WE BEGIN

A little clarity
goes a long way.

Have another question?

YOUR NEXT STEP

Let’s find
a way forward.

Start with a conversation. Tell us a little about your matter and the process you have in mind.

Serving Sacramento, Los Angeles, and San Diego

In person and virtual sessions

Requests are reviewed before conflicts, availability, fees, and engagement terms are confirmed.

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