ADR Process

How Is The Process Initiated? How Are ADR Neutrals Selected? How Neutrals Are Notified And How ADR Hearings Are Scheduled How Much Will It Cost? How Long Does It Take? Requests For ADR Hearing Continuances ADR Completion Dates What Are My Responsibilities If A Case Settles Before The ADR Session? What Are My Responsibilities After The ADR Session?

How Is The Process Initiated? After the Court determines the suitability of a case for ADR, the Court directs the attorneys to the ADR Office to initiate the ADR process. This process begins with the attorneys doing the following, upon arriving at the ADR Office: Know specifically to which program your case has been ordered or referred. Proceed to the appropriate window. Obtain and complete the appropriate ADR intake forms. Deliver the completed ADR intake forms to the ADR Clerk. How Are ADR Neutrals Selected? Random Select: The Random Select Panel consists of trained neutrals who have not yet gained the experience to qualify or have not applied for the Party Select Panel, as well as experienced neutrals, who make themselves available on a Random Select basis. Random Select ADR staff will enter the case criteria, obtained from the ADR intake forms, on the Court Web site which then selects, on a random basis, one neutral who meets the case criteria. In the case of civil mediation, the fact that the randomly selected mediator is not an attorney will not be ground for disqualification. Party Select: The Party Select Panel consists of neutrals who have achieved a specified level of experience in court-connected cases. The parties (collectively) may be charged $150 per hour for the first three hours of hearing time. Thereafter, the parties may be charged for additional hearing time on an hourly basis at rates established by the neutral if the parties provide written consent. To utilize the Party Select Panel, the parties may enter the case criteria on the Court Web site and make their choice of a particular neutral from the Party Select Panel. In order to avoid neutral conflict or unavailability, the parties may select the names of two neutrals and enter their names on the ADR Case Referral Intake in order of preference. How Neutrals Are Notified And How ADR Hearings Are Scheduled After the ADR Neutral has been selected, the ADR Office issues a Notice of Assignment, sending a copy to the assigned Neutral and all parties to the dispute. The Neutral is requested to contact the parties within 10 days of the date of assignment. However if for some reason this does not occur, it is Plaintiff's responsibility to contact the Neutral to schedule a hearing date and learn about the Neutral's expectations in terms of preparation. How Much Will It Cost? The cost varies, depending on the whether the parties select a neutral from the Court's Random Select or Party Select Panels, or choose a private neutral. Random Select Panel The Random Select Panel consists of trained Neutrals who have not yet gained the experience to qualify for the Party Select Panel and experienced Neutrals who make themselves available Random Select. Neutrals donate their time to the courts as a way of supporting the judicial system. It is the policy of the Court that all Random Select volunteer neutrals provide three hours hearing time per case. The Neutrals receive no compensation for their participation during these three hours. In the case of arbitration: The matter shall be submitted at the end of three hours. In the case of mediation: Any party may terminate the mediation after three hours. The mediation may be terminated earlier only if the Mediator and all parties agree that further mediation would be futile. If the matter has not been resolved in three hours, the Neutral shall terminate the proceeding unless he or she wishes to provide further service free. If upon termination of the free services, all parties request in writing a continuation of the mediation and express agreement to pay for further services of the volunteer, the Neutral may continue to mediate for such fee as is mutually agreeable. There are no administrative fees for court-ordered ADR services. Party Select Panel The Party Select Panel consists of Neutrals who have achieved a specified level of experience in court-connected cases. The parties (collectively) may be charged $150.00 per hour for the first three (3) hours of hearing time. Thereafter, the parties may be charged for additional hearing time on an hourly basis at rates established by the mediator if the parties consent in writing. Private Neutral The market rate for private neutrals can range from $200-$1,000 per hour. How Long Does It Take? The time for an ADR procedure varies, depending upon the complexity of the case. Most cases require only one meeting to come to a resolution, but some cases may require additional sessions. All of these ADR processes must be completed by a date set by the judge, usually within 90 days of the date on which the judge referred the case to an ADR process. Requests For ADR Hearing Continuances Requests for continuances cannot exceed 20 days and may be granted for good cause by the ADR Neutral (LASC Local Rule 12.11). An ADR hearing may be extended beyond the completion date only by Court order upon the motion of a party. There is no statutory authority for imposing a continuance fee. ADR Completion Dates Arbitration hearings must be completed within 90 days from the date of assignment [CRC 1607(c)].* Mediation hearings must be completed within 60 days from the date of assignment. That period may be extended by the Court up to 30 days upon showing of good cause [CRC 1637(b)].* For Limited Jurisdiction cases, mediation and arbitration hearings must be completed within 120 days [CCP 1141.11(d)].* * Unless otherwise ordered by the Court. What Are My Responsibilities If A Case Settles Before The ADR Session? If a settlement occurs prior to a scheduled mediation or arbitration, counsel for the parties, or parties themselves, must notify the mediator or arbitrator and the ADR Clerk immediately and in no case less than two (2) days prior to the time set for hearing (LASC Local Rule 12.5). What Are My Responsibilities After The ADR Session? Send a completed Follow-Up Survey to the ADR Office within 10 days of the last ADR session. Enter a dismissal in order to have future status conferences, mandatory settlement conferences, or trial dates vacated.