Contra Costa — CV-655c

Source: https://contracosta.courts.ca.gov/system/files/cv655c-info-adrinformationunlimitedcivil.pdf

CONTRA COSTA COUNTY SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION

All judges in the Civil Trial Delay Reduction Program agree that parties should consider using
Alternative Dispute Resolution (ADR) to settle their cases. To tell the court you will use ADR:
• Choose ADR on the Case Management Form (CM-110);
• File a Stipulation and Order to Attend ADR and Continue First Case Management
Conference 90-Days (local court form); or
• Agree to ADR at your first court appearance.
Questions? Email adrweb@contracosta.courts.ca.gov or call (925) 608-2075

MEDIATION
Mediation is often faster and less expensive than going to trial. Mediators help people who have a
dispute talk about ways they can settle their case. Parties email, fax or visit the ADR Programs
office to get a list of mediators. After parties have agreed on a mediator, they must write a summary
(5 pages or less) explaining the facts, legal arguments, and legal authority for their position. They
must send this summary to the other parties and the mediator at least 5 court days before mediation
starts.

ALL parties and attorneys must go to mediation. Mediation can be held whenever and wherever the
parties and the mediator want, as long as they finish before the court deadline. In some kinds of
court cases, parties have the chance to mediate in the courthouse on their trial day.

Most mediators begin by talking with the parties together, helping them focus on the important
issues. The mediator may also meet with each party alone. Mediators often ask parties for their
ideas about how to settle the case. Some mediators tell the parties how much money they think a
case is worth, or tell them what they think might happen if the case went to trial. Other mediators
help the parties decide these things for themselves. No matter what approach a mediator takes,
decisions about settling a case can only be made when all the parties agree.

If the parties go through the court ADR program, mediators do not charge fees for the first half hour
spent scheduling or preparing for mediation. They also do not charge fees for the first two hours of
mediation. If parties need more time, they must pay the mediators regular fees. Some mediators ask
for a deposit before mediation starts. Mediators who do this must give back whatever is left after
counting the time he or she spent preparing for or doing the mediation. A party whose court fees
have been waived (cancelled) may ask if their mediation fees or deposit can be waived.

If parties agree about how they will settle their case, they can choose to keep it private, write it up as
a contract, or ask the judge to make it a court order. What parties say and agree to in mediation is
confidential (private).

PRIVATE MEDIATION
Private mediation works in the same way as judicial mediation, but the parties do not go through the

ADR Programs office. Parties choose a mediator on their own, and pay the mediator’s normal fees.

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JUDICIAL ARBITRATION (non-binding) In judicial arbitration, an independent attorney (arbitrator) looks at the evidence, listens to the parties and their witnesses, and decides how the case will be settled. Judicial arbitration is less formal than court. Parties email, fax or visit the ADR Programs office to get a list of arbitrators. If they cannot agree on an arbitrator, the court will assign one. The judge can send cases to arbitration if there is less than $50,000 in dispute. The person who started the court case can make sure the case goes to arbitration if they agree to limit the amount they are asking for to $50,000. Parties can also agree they want to use judicial arbitration. The arbitrator must send their decision (award) to the court within 10 days of the last hearing. The award becomes a court judgment unless a party asks the court to review the case within 60 days. Parties must use the ADR-102 form to ask for a new court hearing (called a trial de novo.) Judicial arbitrators charge $150 per case or per day.

PRIVATE ARBITRATION (non-binding and binding) Private, non-binding arbitration is the same as judicial arbitration, except that the parties do not go through the ADR Programs office to choose an arbitrator, and the arbitrator’s award will not become a judgment of the court unless all parties agree. Parties must pay the arbitrator’s normal fees.

Binding arbitration is different from judicial or private non-binding arbitration because the arbitrator's decision is final. Parties give up their right to have a judge review their case later (except for reasons listed in California Code of Civil Procedure, Section 1286.2.) Binding arbitration rules are listed in California Code of Civil Procedure, Sections 1280-1288.8. Parties may also agree any time before the judge has made a decision that ends the case to switch to binding arbitration. Parties choose the arbitrator on their own, and must pay the arbitrator's normal (not $150) fees.

SETTLEMENT MENTOR CONFERENCE Settlement mentors are independent, experienced trial attorneys that a judge has assigned to help parties look for ways to settle their case. The conference is free and is held in the courthouse. It is often held on the morning of trial, but it can be scheduled anytime. These conferences usually last two or three hours. Parties do not present evidence and do not call witnesses. Parties can ask the settlement mentor to keep some information confidential (private) from the other party, but not from the judge. The settlement mentor can share any information with the judge, or involve the judge in settlement discussions. All principals, clients, and claims representatives must attend the settlement mentor conference.

NEUTRAL CASE EVALUATION In neutral case evaluation, an independent attorney (evaluator) reviews documents and listens to each party’s side of the case. The evaluator then tells the parties what they think could happen if the case went to trial. Many people use the evaluator’s opinion to reach an agreement on their own, or use this information later in mediation or arbitration to settle their case.

Parties email, fax or visit the ADR Programs office to get a list of evaluators. After parties have agreed on an evaluator, they must write a summary (5 pages or less) explaining the facts, legal arguments, and legal authority for their position. They must send this summary to the other parties and the evaluator at least 5 court days before evaluation starts. ALL parties and their attorneys must go to neutral case evaluation. The evaluation can be held whenever and wherever the parties and the evaluator want, as long as they finish before the court deadline. If the parties go through the court’s ADR program, evaluators do not charge any fees for the first half hour spent scheduling or preparing for the evaluation conference. They also do not charge fees for the first two hours of the evaluation. If parties need more time, they must pay that evaluators regular fees. Some evaluators ask for a deposit before evaluation starts. Evaluators who do this must give back whatever is left after counting the time he or she spent preparing for or doing the evaluation. A party whose court fees have been waived (cancelled) may ask if their evaluation fees or deposit can be waived.

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TEMPORARY JUDGE Some parties want a trial, but want to choose who will decide the case and when the trial will take place. Parties can agree on an attorney that they want the court to appoint as a temporary judge for their case. (See Article 6, Section 21 of the State Constitution and Rule 2.830 of the California Rules of Court.) Temporary judges have nearly the same authority as a superior court judge to conduct a trial and make decisions. As long as the parties meet the court deadline, they can schedule the trial at their own and the temporary judge’s convenience.

Each of the temporary judges on the court’s panel has agreed to serve at no charge for up to 5 court days. If the parties need more time, they must pay that person’s regular fees. All parties and their lawyers must attend the trial, and provide a copy of all briefs or other court documents to the temporary judge at least two weeks before the trial. These trials are similar to other civil trials, but are usually held outside the court. The temporary judge’s decision can be appealed to the superior court. There is no option for a jury trial. The parties must provide their own court reporter.

SPECIAL MASTER A special master is a private lawyer, retired judge, or other expert appointed by the court to help make day-to-day decisions in a court case. The special master’s role can vary, but often includes making decisions that help the discovery (information exchange) process go more smoothly. He or she can make decisions about the facts in the case. Special masters can be especially helpful in complex cases. The trial judge defines what the special master can and cannot do in a court order.

Special masters often issue both interim recommendations and a final report to the parties and the court. If a party objects to what the special master decides or reports to the court, that party can ask the judge to review the matter. In general, the parties choose (by stipulation) whom they want the court to appoint as the special master, but there are times (see California Code of Civil Procedure Section 639), when the court may appoint a special master or referee without the parties’ agreement. The parties are responsible to pay the special master’s regular fees.

COMMUNITY MEDIATION SERVICES Mediation Services are available through non-profit community organizations. These low-cost services are provided by trained volunteer mediators. For more information about these programs contact the ADR Program at adrweb@contracosta.courts.ca.gov

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