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Notice To Parties Of Court Directed ADR Program Form. This is a California form and can be use in USDC Central Federal.
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Tags: Notice To Parties Of Court Directed ADR Program, ADR-08, California Federal, USDC Central
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
PLAINTIFF(S)
v.
NOTICE TO PARTIES OF
COURT-DIRECTED ADR PROGRAM
DEFENDANT(S).
NOTICE TO PARTIES:
It is the policy of this Court to encourage settlement of civil litigation when such is in the best
interest of the parties. The Court favors any reasonable means, including alternative dispute resolution
(ADR), to accomplish this goal. See Civil L.R. 16-15. Unless exempted by the trial judge, parties in all
civil cases must participate in an ADR process before trial. See Civil L.R. 16-15.1.
The district judge to whom the above-referenced case has been assigned is participating in an
ADR Program that presumptively directs this case to either the Court Mediation Panel or to private
mediation. See General Order No. 11-10, ยง5. For more information about the Mediation Panel, visit
the Court website, www.cacd.uscourts.gov, under "ADR."
Pursuant to Civil L.R. 26-1(c), counsel are directed to furnish and discuss with their clients the
attached ADR Notice To Parties before the conference of the parties mandated by Fed.R.Civ.P. 26(f).
Based upon the consultation with their clients and discussion with opposing counsel, counsel must
indicate the following in their Joint 26(f) Report: 1) whether the case is best suited for mediation with
a neutral from the Court Mediation Panel or private mediation; and 2) when the mediation should
occur. See Civil L.R. 26-1(c).
At the initial scheduling conference, counsel should be fully prepared to discuss their
preference for referral to the Court Mediation Panel or to private mediation and when the mediation
should occur. The Court will enter an Order/Referral to ADR at or around the time of the scheduling
conference.
Clerk, U.S. District Court
Dated:
By:
Deputy Clerk
ADR-08 (07/12)
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT
AND USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR)
Counsel are required to furnish and discuss this Notice with their clients.
Despite the efforts of the courts to achieve a fair, timely and just outcome in all cases,
litigation has become an often lengthy and expensive process. For this reason, it is this
Court's policy to encourage parties to attempt to settle their disputes, whenever possible,
through alternative dispute resolution (ADR).
ADR can reduce both the time it takes to resolve a case and the costs of litigation, which
can be substantial. ADR options include mediation, arbitration (binding or non-binding),
neutral evaluation (NE), conciliation, mini-trial and fact-finding. ADR can be either
Court-directed or privately conducted.
The Court's ADR Program offers mediation through a panel of qualified and impartial
attorneys who will encourage the fair, speedy and economic resolution of civil actions.
Panel Mediators each have at least ten years of legal experience and are appointed by the
Court. They volunteer their preparation time and the first three hours of a mediation
session. This is a cost-effective way for parties to explore potential avenues of resolution.
This Court requires that counsel discuss with their clients the ADR options available and
instructs them to come prepared to discuss the parties' choice of ADR option (settlement
conference before a magistrate judge; Court Mediation Panel; private mediation) at the
initial scheduling conference. Counsel are also required to indicate the client's choice of
ADR option in advance of that conference. See Civil L.R. 26-1(c) and Fed.R.Civ.P. 26(f).
Clients and their counsel should carefully consider the anticipated expense of litigation,
the uncertainties as to outcome, the time it will take to get to trial, the time an appeal will
take if a decision is appealed, the burdens on a client's time, and the costs and expenses of
litigation in relation to the amounts or stakes involved.
Of the more than 9,000 civil cases filed in the District annually, less than 2 percent
actually go to trial. The remaining cases are, for the most part: settled between the parties;
voluntarily dismissed; resolved through Court-directed or other forms of ADR; or
dismissed by the Court as lacking in merit or for other reasons provided by law.
For more information about the Court's ADR Program, the Mediation Panel, and the
profiles of mediators, visit the Court website, www.cacd.uscourts.gov, under "ADR."
ADR-08 (07/12)
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM
American LegalNet, Inc.
www.FormsWorkFlow.com