Local Civil Rules of Court

CIVIL RULE 4 CIVIL EARLY SETTLEMENT CONFERENCE PROGRAM

The Civil Early Settlement Conference Program is available to parties who stipulate, using the ADR Stipulation and Order Form (see attached form CV-5008), to have a private neutral conduct a settlement conference in their case at the neutral’s office or other agreed place. The program is governed by the following rules:

A. All parties and counsel must agree upon the neutral, or agree to allow the Court to select the neutral. The parties may, but are not required to, select the neutral from the Court’s list of program neutrals available from the Court’s ADR web page. The Court has not screened neutrals for training or experience and makes no warranty regarding their ability. If the parties allow the Court to select the neutral, the Court will assign a neutral from the Court’s list.

B. All parties must complete the ADR Stipulation and Order Form, checking the box “Settlement Conference with Private Neutral,” and must file the form in the Clerk’s Office. If the ADR Stipulation and Order Form is filed at least ten days before the initial CMC, that conference will be vacated, and the case will be set for a trial setting conference to be held approximately 60 calendar days after the vacated conference date.

C. Plaintiff’s counsel must contact the office of the selected neutral to arrange a settlement conference location, date, and time agreeable to all parties. Court facilities are not available for the conferences.

D. The Court will pay the neutral a flat fee of $150.00 for up to three hours of the neutral’s time. Neutrals will be paid from the same fund and in the same manner as judicial arbitrators. No additional charges, such as travel, parking, or space rental, are to be added to the neutral’s flat fee. Parties and counsel must negotiate directly with the neutral to obtain more than three hours of the neutral’s time. Pro bono services are available to a party who has qualified for a waiver of court fees under CRC 3.50, et seq.

E. A settlement conference conducted under the Civil Early Settlement Conference Program is conducted under CRC 3.1380. It is not a mediation, as defined in Evidence Code § 1115. There is no provision for confidentiality of communication, except as provided in Evidence Code § 1152(a).

F. Parties and counsel must comply with CRC 3.1380, unless the neutral excuses compliance.

G. Following settlement of the case, plaintiff’s counsel must promptly notify the Court, as required by CRC 3.1385.

H. Any grievance regarding a neutral will be handled pursuant to Local Civil Rule 2D.

(Eff. 1/1/08)
 

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