Superior Court of California County of Sacramento ADR INFORMATION PACKAGE Rule. Pursuant to California Rules of Court section 1590.1(b), the plaintiff must serve a copy of the ADR Information Package on each defendant at the time of service of the complaint. Cross-complainants must serve a copy of the ADR Information Package on any new parties to the action at the time of service of the cross-complaint. Need for Alternative Dispute Resolution (ADR). The court recognizes that full, formal litigation of claims can impose a large economic burden on the parties as well as the court system and can delay the resolution of disputes. It is the goal of the court to encourage the parties to lawsuits filed in the Sacramento Superior Court to explore meaningful alternatives for resolving their disputes through various private voluntary methods that have been successful in many other jurisdictions, state and federal. Although most (97-98%) cases do settle, many settlements come only after a considerable amount of time, money, and resources have been expended. Such expenditures, as well as the adversarial nature of litigation, can be disincentive to settlement. The Sacramento County Superior Court encourages the use of Alternative Dispute Resolution (ADR) as early as possible after the parties become aware of a dispute. Most ADR processes are voluntary, such as mediation and private arbitration, and are paid for by the parties themselves. The court offers two forms of ADR as part of general civil case processing, and these are explained below. No matter what form of ADR is used, ADR has proved in many cases to be faster and less expensive than traditional litigation. Methods of ADR Offered by the Court. Settlement Conference Program. A settlement conference is a hearing where a neutral attorney sitting as a pro tem judge looks at the facts of the case and attempts to persuade the parties to accept a compromise position. It is a form of facilitated negotiation in which pro tem judge may express an opinion about the value of the case and the substantive merits of each party’s position and the probable outcome at trial. Pursuant to Local Rule 4.00, all long cause cases (unlimited civil cases, those with a value in excess of $25,000 dollars, and taking more than one day for trial) will be scheduled for a mandatory settlement conference. Cases are scheduled for a mandatory settlement conference at the time of the setting of the trial date, and are generally heard approximately two weeks prior to trial. 2001 © American LegalNet, Inc. Parties may also apply for a voluntary Settlement Conference at any time by submitting a written request to the Supervising Settlement Conference Judge, at 720 Ninth Street, Sacramento, California, 95814. The request must indicate that all parties agree to participate in the conference. If the request is approved, parties will be contacted with a date and time. For further information on the Settlement Conference Program, contact the clerk at 916-874-5446. Judicial Arbitration Program. Judicial arbitration is a program under which cases are assigned to an attorney, sitting as an impartial arbitrator, to conduct an informal “mini-trial” and assess the case through means of an Award of Arbitrator. This award is not binding, but does assist parties in determining the value of their case prior to trial. Parties may participate in the Judicial Arbitration Program provided the case meets the criteria established in Local Rules 12.00 and 12.01. Absent a waiver by the parties, a case may not be referred to arbitration prior to 210 days after the filing of the complaint. Advantages of ADR. ADR can have a number of advantages over a lawsuit: • • • • • • ADR can be speedier. A dispute often can be resolved in a matter of months, even weeks, through ADR, while a lawsuit can take years. ADR can save money. Court costs, attorney fees, and expert witness fees can be saved. ADR can permit more participation. The parties may have more chances to tell their side of the story than in court and may have more control over the outcome. ADR can be flexible. The parties can choose the ADR process that is best for them. For example, in mediation the parties may decide how to resolve their dispute. ADR can be cooperative. This means that the parties having a dispute may work together with the neutral to resolve the dispute and agree to a remedy that makes sense to them, rather than work against each other. ADR can reduce stress. There are fewer, if any, court appearances. And because ADR can be speedier, and save money, and because the parties are normally cooperative, ADR is easier on the nerves. The parties don’t have a lawsuit hanging over their heads for years. 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. 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. The neutral may charge a fee for his or her services. If a dispute is not resolved through ADR, the parties may have to put time and money into both ADR and a lawsuit Lawsuits must be brought within specified periods of time, known as statutes of limitation. Parties must be careful not to let a statute of limitations run out while a dispute is in an ADR process. 2001 © American LegalNet, Inc. Types of ADR. Mediation. In mediation, a neutral assists the parties in reaching a mutually acceptable resolution of their dispute. The mediator does not decide how the dispute is to be resolved; parties work together toward a resolution that tries to meet everyone’s interests. Arbitration. In arbitration, a neutral reviews evidence, hears arguments, and makes a decision (award) to resolve the dispute. There are two kinds of arbitration in California. Private arbitration, by agreement of the parties involved in the dispute, normally is binding, meaning the arbitrator’s decisions are final and there will not be a trial or appeal of that decision. By contrast, a decision by an arbitrator in a case referred by the court, known as judicial arbitration, is not binding, unless the parties agree to be bound. Case evaluation. In case evaluation, a neutral gives an opinion on the strengths and weaknesses of each party’s evidence and arguments, and makes an evaluation of the case. Each party gets an opportunity to present the case and hear the other side. This may lead to a settlement, or at least help the parties prepare to resolve the dispute later on. Stipulation for ADR. If the parties agree to submit the case to ADR, they shall execute the Stipulation for ADR and promptly file it with the court. For more information about ACT time limits please contact the ACT Clerk at 916-874-6868. Resources. To find out more about dispute resolution programs or neutrals in you community, you may: • • • • Contact the California Department of Consumer Affairs, consumer Information Center, toll free, 1-800952-5210 Contact the local bar association Look in the Yellow Pages under “Arbitrators” or “Mediators.” Human Rights and Fair Housing Commission There may be a charge for services provided by private arbitrators and mediators. 2001 © American LegalNet, Inc. Attorney(s) Name, Address & Phone No. Attorney for SUPERIOR COURT OF CALIFORNIA County of Sacramento Case Title Case No. Stipulation for Alternative Dispute Resolution (ADR) The parties to the above action have stipulated that this case be submitted for Alternative Dispute Resolution before ________________________ on ___________________. The court, upon the filing of this Stipulation, shall toll the ACT time limits for the period commencing on the date the Stipulation is filed and ending on the date that the ADR is concluded, but in no event longer than 90 days from the date the Stipulation if filed. Dated: Attorney for Dated: Attorney for Dated: Attorney for 2001 © American LegalNet, Inc. Attorney(s) Name, Address & Phone No. Attorney for SUPERIOR COURT OF CALIFORNIA County of Sacramento ADR Status Report 1. Case Name:__________________________________________ Case No._________________ 2. Type of civil case: PI/PD-Auto PI/PD-Other Contract Other (specify):_______________________________________________________________ 3. Date complaint filed:________________________ 4 Date of ADR conference____________________ 5. Number of parties _________ 6. Amount in controversy: $0-$25,000 $25,000-$50,000 $50,000-$100,000 Over $100,000 (specify)_____________________ 7. Was case resolved by ADR? Yes No 8. Type of dispute resolution process used: Mediation Arbitration Neutral case evaluation Other (specify)______________ _____________________________________________________________________________ 9. How was case resolved? a. As a direct result of the ADR process. b. As an indirect result of the ADR process c. Resolution was unrelated to ADR process. 10. Neutral party: name, address and telephone number:__________________________________ _____________________________________________________________________________ 11. If ADR not yet concluded: Hearing date scheduled for:________________________________ 12. Reason for delay:_______________________________________________________________ 13. Check the closest dollar amount that you estimate you saved (attorneys fees, expert witness fees, and other costs) by using this dispute resolution process compared to resolving this case through litigation, whether by settlement or trial. 2001 © American LegalNet, Inc. $0 $250 $500 $750 $1,000 more than $1,000 specify)$_________________ 14. If the dispute resolution process caused a net increase in your costs in this case, check the closest dollar amount of the additional cost: $0 $250 $500 $750 $1,000 more than $1,000 (specify)$_________________ 15. Check the closest number of court days that you estimate the court saved (motions, hearings, conferences, trial, etc.) as a result of this case being referred to this dispute resolution process: 0 1 day More than 1 day (specify)________________________________________ 16. If the dispute resolution process caused a net increase in court time for this case, check the closest number of additional court days: 0 1 day More than 1 day (specify)________________________________________ 17. Would you be willing to consider using this dispute resolution process again? Yes NO If ADR did not resolve this dispute, plaintiff’s attorney of record must complete questions 17 through 20. 18. All defendants have have not filed answers. 19. If not all defendants were served, explain as to each defendant why service has not been made and what steps you have taken to secure service. 20. The following defendants have been served and have not filed answers. Indicate the date of service and if applicable, the date the extension expires. 21. Plaintiff estimates that all answers or a default judgment will be on file with the court on or before______________________________. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated:___________________________ ______________________________________ Attorney for_____________________________ 2001 © American LegalNet, Inc.