Tulare — Alternative Dispute Resolution Package

Source: https://www.tulare.courts.ca.gov/system/files/general/adr-packet-72026.pdf

www.tularesuperiorcourt.ca.gov Telephone: (559) 730-5000 – Visalia (559) 782-3700 – South County Justice Center

ALTERNATIVE DISPUTE RESOLUTION PACKAGE

This is Tulare County Superior Court’s Alternative Dispute Resolution (ADR) Package. The package contains:

1. The court’s current ADR Referral List;

2. Tulare County Superior Court’s Local Rule 600 on Case Management Conferences;

3. Information about ADR.

At the time a civil complaint is filed, the clerk will issue a hearing date and time for the Case Management Conference (CMC). This information is placed on the front page of the complaint. Plaintiff must serve notice of the CMC hearing on each defendant with the summons and complaint.

All parties appearing in the action are ordered to meet and confer prior to the CMC date regarding an agreed upon mediator and mediation date and time under Local Rule 600(a)(5).

Each party must file and serve a CMC statement on Judicial Council form CM-110 no later than 15 calendar days before the CMC hearing under California Rules of Court, rule 3.725 and Local Rule 600(a)(6).

Counsel and unrepresented parties are required to be present, either in person; by remote appearance as permitted by law (see https://www.tulare.courts.ca.gov/online-services/request-remote-hearings for information on remote appearances); or by telephonic appearance pursuant to The Superior Court of Tulare County, Local Rules, rule 108, and must have: (1) sufficient information and understanding of the case to evaluate it accurately, and (2) sufficient authority to enter into binding agreements.

Please be advised that monetary and/or terminating sanctions shall be imposed against parties and counsel who fail to comply with state and local rules regarding case management conferences without good cause.

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CHAPTER 6 – MANAGING CIVIL CASES

Rule 600 – Case Management Conference

(a) The Judicial Council has implemented state rules for the management of civil cases (Cal. Rules of Court, Chapter 2 Trial Court Management of Civil Cases, rules 10.900, et. Seq.).

In recognition of the state rules requiring the court to implement a case management Plan, the court elects to follow California Rules of Court, rule 3.714.

(1) At the time the complaint is filed, the clerk will issue a hearing date for the Case

Management Conference (CMC) to plaintiff that is no less than 120 days after the filing of the complaint. Plaintiff must serve a Notice of CMC along with the summons and complaint.

(2) Any party who files and serves a cross-complaint prior to the CMC must serve

on each cross-defendant who is a new party to the action, a copy of the Notice of CMC along with the summons and cross-complaint. If a new cross-defendant is served after the initial CMC, the cross-complainant must serve the new cross- defendant with notice of any pending CMC, any assigned mediation date, trial, or settlement conference dates, and any other dates set by the court, or orders made at the CMC.

(3) If the plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial CMC, along with the summons and complaint, plaintiff must serve the newly named defendant with notice of any pending CMC, any pending mediation date, any assigned trial and settlement conference dates, and any other dates set by the court, or orders made at the CMC.

(4) Proof of service of Notice of the CMC must be filed with the court within 60 days

from the date the complaint is filed and may be included in the proof of service of the summons and complaint or cross-complaint.

(5) This court has found that mediation is highly desirable and orders the parties to

meet and confer prior to the CMC date regarding an agreed upon mediator and mediation date and time. A list of mediators and their fees are provided by the court in its ADR package which can be obtained on the court’s website at https://www.tulare.courts.ca.gov/divisions/civil. The mediator must be agreed upon before the CMC and the mediation date and time cleared with the mediator so the court may enter the date in the court’s minute order.

(6) Under California Rules of Court, rule 3.725, no later than 15 calendar days before the date set for the CMC, each party must file a CMC statement and serve it on all other parties in the case. Parties must use the mandatory CMC

Statement (Judicial Council form CM-110). All applicable items on the form must be completed.

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(7) In lieu of each party’s filing a separate case management statement, any two or more parties may file a joint statement.

(b) Presence Required – Counsel and unrepresented parties are required to be present, either in person; by remote appearance as permitted by law (see https://www.tulare.courts.ca.gov/online-services/request-remote-hearings for information on remote appearances); or by telephonic appearance pursuant to The Superior Court of Tulare County, Local Rules, rule 108, and must have: (1) sufficient information and understanding of the case to evaluate it accurately, and (2) sufficient authority to enter into binding agreements such as the diversion of the case to arbitration, including binding arbitration, the setting of a trial date and mandatory settlement conference date, the dismissal of doe defendants or other parties, and the setting of a further case management conference.

(c) Compliance – Failure to attend the case management conference will result in the court making whatever orders and imposing whatever sanctions as may be necessary and appropriate to obtain compliance with these rules, including but not limited to, a waiver of the right to a jury trial and a waiver of the right to object to a referral to arbitration or other alternate dispute resolution procedure.

(d) Waiver of Notice – When all parties are present at the case management conference and a trial date and settlement conference dates are agreed to by the parties or ordered by the court, such presence is an effective waiver of a separate or formal notice of settlement conference and trial date. (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/11, 07/01/17, 07/01/24)

Alternative Dispute Resolution

There are different processes available to settle lawsuits without having to go to trial. The most common forms of ADR are Mediation, Arbitration, and Case Evaluation. In ADR, a trained, impartial person decides disputes or helps the parties reach resolutions of their disputes for themselves. The persons are neutrals who are normally chosen by the disputing parties or by the court. Neutrals can help parties resolve disputes without having to go to court.

Advantages of ADR

• Often quicker than going to trial, a dispute may be resolved in a matter or days or weeks instead of months or years.

• Often less expensive, saving the litigants court costs, attorney’s fees and expert fees.

• Can permit more participation, allowing the parties the opportunity to tell their side of the story with more control over the outcome.

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• Allows for flexibility in choice of ADR processes and resolution of the dispute.

• Fosters cooperation by allowing the parties to work together with the neutral to resolve the dispute and mutually agree to a remedy.

• Often less stressful than litigation. Most people have reported a high degree of satisfaction with ADR.

Because of these advantages, many parties choose ADR to resolve disputes instead of filing a lawsuit. Even after a lawsuit has been filed, the court can refer the dispute to a neutral before the lawsuit becomes costly. ADR has been used to resolve disputes even after trial when the result is appealed.

Disadvantages of ADR

ADR may not be suitable for every dispute.

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 by an appellate court. ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute. The neutral may charge a fee for his or her services. If the dispute is not resolved through ADR, the parties may then have to face the usual and traditional costs, such as attorney’s fees and expert fees.

Lawsuits must be brought within specified periods of time, known as Statutes of Limitations. Parties must be careful not to let a Statute of Limitation run while a dispute is in an ADR process.

The Most Common Types of ADR

Mediation

In mediation, the mediator (a neutral) assists the parties in reaching a mutually acceptable resolution of their dispute. Unlike lawsuits or some other types of ADR, the mediator does not decide how the dispute is to be resolved. The parties do. It is a cooperative process in which the parties work together toward a resolution that tries to meet everyone’s interests, instead of working against each other. Mediation normally leads to better relations between the parties and to lasting resolutions. It is particularly effective when parties have a continuing relationship, such as neighbors or businesses. It also is very effective where personal feelings get in the way of a resolution. Mediation normally gives the parties a chance to freely express their positions. Mediation can be successful for victims seeking restitution from offenders. When there has been violence between the parties, a mediator can meet separately with the parties.

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Arbitration

In arbitration, the arbitrator (a neutral) reviews evidence, hears arguments, and makes a decision (award) to resolve the dispute. This is very different from mediation whereby the mediator helps the parties reach their won resolution. Arbitration normally is more informal, quicker, and less expensive than a lawsuit. In a matter of hours, an arbitrator often can hear a case that otherwise may take a week in court to try. This is because the evidence can be submitted by documents rather than by testimony.

There are Two Types of Arbitration in California

1. Private arbitration by agreement of the parties involved in the dispute. This type takes place outside of the court and normally is binding. In most cases, “binding” means that the arbitrator’s decision (award) is final and there will not be a trial or an opportunity to appeal the decision.

2. Judicial arbitration ordered by the court. The arbitrator’s decision is not binding unless the parties agree to be bound. A party who does not like the award may file a request for trial with the court within a specified time. However, if that party does not receive a more favorable result at trial, the party may have to pay a penalty.

** A Current list of approved mediators is provided on pages 6 – 8. **

To request a copy of a mediator's resume please contact:

Court Administration Mail: 221 S. Mooney Blvd, Room 303 Visalia, CA 93291 Phone: (559) 730-5000 ext. 1110 Email: administration@tulare.courts.ca.gov

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ADR REFERRAL LIST April 8, 2026

NAME HOURLY RATE
Julian Alwill Half day $5,000
27 W Anapamu St. #289 Full day $8,500
Santa Barbara, CA 93101
Phone: (805) 845-1190 Expenses: $500 for travel for
Fax: (805) 456-0132 non-Zoom mediations
Email: julian@ralegal.com
Website: www.smartmediate.com

Honorable Howard R. Broadman (Ret.) Half Day: $3,500
300 N. Willis Full Day: $7,500
Visalia, CA. 93291
Phone: (559) 738-1800 For full fee schedule go to
Fax: (559) 738-1102 judgebroadman.com
Email: judgebroadman@judgebroadman.com
Website: https://www.judgebroadman.com

John S. Burton $450 per hour
P.O. Box 27455
Fresno, CA 93729
Phone: (559) 840-2693
Cell: (831) 334-1367
Email: jburton@johnsburton.com
Website: https://johnsburton.com

Russell D. Cook Half Day: $3,000
1233 West Shaw, Suite 100 Full Day: $6,000
Fresno, CA 93711
Phone: (559) 225-2510
Fax: (559) 229-3941
Email: rdcook@rdcooklaw.com
Website: https://rdcooklaw.com

Thomas Feher Fee Schedule see website:
8500 Stockdale Hwy, Ste. 195 https://www.fehermediation.com
Bakersfield, CA 93311
Phone: 661-809-5605
Email: tfeher@fehermediation.com
Website: https://www.fehermediation.com

Bret M. Geckeler Half Day: $4,500
6077 Coffee Rd., Ste 4, PMB1033 Full Day: $7,000
Bakersfield, CA 93308
Phone: (661)877-4444 /(661) 205-5106
Email: nikki@bretgeckler.com
Mediate@bretgeckler.com
Website: https://www.bretgeckler.com

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NAME HOURLY RATE M. Troy Hazelton $415 per hour 3585 W. Beechwood Ave, Suite 101 Fresno, CA 93711 Fees are divided among the Phone: (559) 431-1300 parties unless advised otherwise. Fax: (559) 431-1442 Email: Thazelton@pgllp.com Website: www.troyhazelton.com

Lee M. Jacobson Half Day: $3,500
246 W. Shaw Avenue, Suite 237 Full Day: $6,000
Fresno, CA 93711
Phone: (559) 448-0400
Fax: (559) 448-0123
Email: lmj@jacobsondisputeresolution.com
sonia@jacobsondisputeresolution.com
Website: https://jacobsondisputeresolution.com

Kevin G. Little Half Day: $2,000
1225 E Divisadero St Full Day: $4,000
Fresno, CA 93720
Phone: (559) 342-5800
Fax: (559) 242-2400
Email: intake@kevinglittle.com
Website: https:www.kevinglittle.com

Douglas E Noll $2,500 per party, per day
P.O. Box 2336
Clovis, CA. 93613
Phone: (559) 903-2011
Email: doug@nollassociates.com
Website: https://dougnoll.com

Honorable Patrick J. O’Hara (Ret.) See website
300 N. Willis
Visalia, CA. 93291
Phone: (559) 429-4570
Fax: (559) 429-4575
Email: judgeohara@judgeohara.com
Website: http://www.judgeohara.com

Honorable Robert. H. Oliver (Ret.) Half Day: $3,000
5260 N. Palm Ave, Suite 201 Full Day: $5,000
Fresno, CA 93704
Phone: (559)432-5400 /(559)313-6285 $500 per additional hour
Fax: (559) 432-5620
Email: roliver@bakermanock.com
Website: https://bakermanock.com

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NAME HOURLY RATE James M. Phillips Half Day: $2,500 per side 1099 East Champlain Dr, Suite A, PMB 116 Full Day: $4,000 per side Fresno, CA 93720 Phone: (559) 261-9340 $650 per additional hour Fax: (888) 974-4321 Email: phillipsgp@aol.com Website: https://fresnomediator.com

Michael Renberg $350 per hour
5088 N Fruit Ave., #101
Fresno, CA 93711
Phone: (559) 431-6300
Email: mrenberg@prcelaw.com

Laurie Quigley Saldana
791 Price Street. #323 Half Day: $5,000 per side
Pismo Beach, CA. 93449 Full Day: $10,000 per side
Phone: (559) 730-1812
Email: laurie@mediationcentral.net $750 per additional hour

Andrew R. Weiss $475.00 per hour
122 Naomi Ave
Shell Beach, CA 93449
Phone: (805) 709-0304
Email: arweiss03@gmail.com
Website: https://arweissmediation.com

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