Santa Cruz — SUPCV-1012

Source: https://www.santacruz.courts.ca.gov/sites/default/files/pdfs/POST%20%28WEB%29%20SUPCV%201012%20ADR%20info%20and%20packet_0.pdf

SUPCV 1012 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ 701 OCEAN STREET SANTA CRUZ, CALIFORNIA 95060 (831) 420-2200 www.santacruzcourt.org

ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKET

The person who files a civil lawsuit (plaintiff) must include the ADR Information Packet with the complaint when serving the defendant(s). Cross complainants must serve the ADR Information Packet on any new parties named to the action. (California Rule of Court 3.221)

The Court encourages the parties to use some form of ADR before proceeding to trial. You may choose ADR by: • Indicating your preference on Case Management Form CM-110; • Filing the Stipulation and Order to Attend Judicial Mediation or Private Mediation at least 10 days before the Case Management Conference (a local form included with the information packet); or • Agree to ADR at your Initial Case Management Conference. QUESTIONS? For more information regarding Santa Cruz County’s Mediation Program, see local rule 7.1 or contact the Civil Calendar Department at (831) 420-2200.

Alternate Dispute Resolution (ADR) is a process, other than formal litigation, in which a neutral person assists the parties in resolving their dispute. Santa Cruz Superior Court offers Judicial Mediation. If the parties agree to Mediation, it is the policy of this Court to assign appropriate cases to mediation without making a determination of the value of the case.

Form Adopted for MANDATORY Use Page 1 of 3 STIPULATION AND ORDER TO ATTEND JUDICIAL Local Rule of Court 7.1Superior Court of Santa Cruz County SUPCV 1012 01/27/21 MEDIATION OR PRIVATE ARBITRATION

What are the Advantages of Using ADR? • ADR can save time. Even in a complex case, a dispute can be resolved through ADR in a matter of months or weeks, while a lawsuit can take years. • ADR can save money. By producing earlier settlements, ADR can save parties and courts money that might otherwise be spent on litigation costs (attorneys fees and court expenses). • ADR provides more control and flexibility. Parties can choose the ADR process most appropriate for their particular situation and that will best serve their particular needs. • ADR provides more participation. Parties have more opportunity with ADR to express their own interests and concerns, while litigation focuses exclusively on the parties’ legal rights and responsibilities. • ADR can reduce stress and provide greater satisfaction. ADR encourages cooperation and communication, while discouraging the adversarial atmosphere found in litigation. Surveys of disputants who have gone through ADR have found that satisfaction with ADR is generally high, especially among those with extensive ADR experience.

What are the Disadvantages of using ADR? • If you cannot resolve your dispute using ADR, you may still have to spend time and money resolving your lawsuit through the courts. • If ADR is binding, the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and review for legal error or an appellate court. • There generally is less opportunity to find out about the other side’s case with ADR than with litigation. ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute.

What ADR Options are Available? • Mediation – A neutral person (mediator) helps the parties communicate, clarify facts, identify legal issues, explore settlement options, and agree on a solution that is acceptable to all sides. o Court Mediation Program: If the case is appropriate for Judicial Mediation and all parties agree to mediate, the Court will set the Judicial Mediation for a single session. The Case Management Judicial Officer will conduct the mediation. o PrivatePrivate Mediation:Mediation: This is mediation where the parties pay the mediator’s regular fees and may choose a mediator outside the court. • Arbitration – A neutral person (arbitrator) hears arguments and evidence from each side then decides the outcome of the dispute. Arbitration is less formal than a trial and the rules of evidence are often relaxed. Arbitration is effective when the parties want someone other than themselves to decide the outcome. Form Adopted for MANDATORY Use Page 2 of 3 STIPULATION AND ORDER TO ATTEND JUDICIAL Local Rule of Court 7.1Superior Court of Santa Cruz County SUPCV 1012 01/27/21 MEDIATION OR PRIVATE ARBITRATION

SUPCV 1012 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY NAME: ADDRESS: CITY, STATE, ZIP:

TELEPHONE NO: FAX NO. (Optional): EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 110 Santa Cruz, CA 95060 Santa Cruz Branch Plaintiff/Petitioner: vs. Defendant/Respondent: STIPULATION AND ORDER TO ATTEND JUDICIAL MEDIATION OR CASE NUMBER: PRIVATE ARBITRATION Must be filed 10 days before Case Management Conference

FOR GOOD CAUSE as stated in the attached supporting declaration, the CASE MANAGEMENT CONFERENCE CURRENTLY SET FOR: (DATE) __ CHECK ONLY ONE BOX:

1. The parties stipulate to court ordered mediation.

2. The parties stipulate to private mediation or arbitration, to be arranged by the parties and completed within 120 days of the current CMC date stated above. The parties agree that such process shall be a

   good faith attempt to resolve the case.

SIGNATURES OF COUNSEL OR PARTY WITHOUT AN ATTORNEY:

SIGN PRINT/TYPE NAME:

DATE: ATTORNEY FOR:

SIGN PRINT/TYPE NAME:

DATE: ATTORNEY FOR:

ADDITIONAL SIGNATURES IN ATTACHMENT “A”

ORDER

BASED ON THE STIPULATION OF THE PARTIES, THE SUPPORTING DECLARATION, AND FINDING GOOD CAUSE, THE APPLICATION IS HEREBY GRANTED

SET FOR JUDICIAL MEDIATION ON: AT: a.m. p.m.
VACATE CMC & RESCHEDULE FOR: AT: a.m. p.m.

Date: SIGN JUDGE OF THE SUPERIOR COURT

Form Adopted for MANDATORY Use Page 3 of 3 STIPULATION AND ORDER TO ATTEND JUDICIAL Local Rule of Court 7.1 Superior Court of Santa Cruz County SUPCV 1012 01/27/21 MEDIATION OR PRIVATE ARBITRATION