Contra Costa — ADR-302 Info Sheet-Mediator

Source: https://contracosta.courts.ca.gov/system/files/adr302info-informationformediators.pdf

SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA Alternative Dispute Resolution Programs Office • P.O. Box 911 • Martinez, CA 94553 (Email) adrweb@contracosta.courts.ca.gov • (Voice) 925-608-2075 • (Fax) 925-608-2109 Information for Mediators

Court-connected, civil (non-family) mediation services in Contra Costa County Superior court are
governed by Local Court Rules (available online at: www.cc-courts.org/rules), and Evidence Code
Sections 1119-1128.

1. Parties must prepare mediation statements Local Rule 3.201 (g)
Mediation statements should not be more than five pages long, and must be exchanged
among all parties and the mediator at least 5 court days before mediation.

2. Attendance at mediation is mandatory Local Rule 3.201 (e)
“Unless excused before mediation starts by the assigned judge, all trial lawyers,
principals, clients, claims representatives, or other appropriate decision–makers must
attend mediation. Telephone standby is not allowed unless approved by the
assigned judge before mediation starts.”

3. Mediation is confidential Local Rule 3.201 (f)
Court–connected mediations are confidential (private) per California Evidence Code
Sections 1115–1128. The only exceptions to confidentiality in mediation are:
(a) The law or any other mandate requires the information to be reported;
(b) The ADR panel member thinks there might be a danger of serious physical harm
either to a party or to another person

4. Attendance sheets California Rules of Court, Rule 1621 requires mediators to keep
attendance sheets for at least two years, and submit them to the court upon request.
We have enclosed form ADR107 an attendance sheet for your use.

5. Discovery is NOT suspended during any part of the mediation process.
However, mediators may help parties identify options for: streamlining discovery; filing
motions (e.g., summary judgment); or handling other pretrial proceedings.

When Mediation Ends: 1. Inform the parties that they must notify the Court of the mediation outcome. If the case settles, they must cancel unnecessary proceedings. 2. Complete and email or fax the Mediators Report to the ADR office at adrweb@contracosta.courts.ca.gov or (925) 608-2109.

Please note: The Contra Costa Court ADR Program must report ADR related case activity and outcomes to the court and to the Judicial Council. Please help us in this effort by returning your completed mediation report on time.

ADR-302-INFO Rev. 10/14/16