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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 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:
(Eff. 7/1/08)
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 (attached local form
CV-5008), checking the box “Early Settlement Conference,”
and must file the form in the Clerk’s Office.
(Eff. 7/1/08)
If the form is filed at least 15 calendar days before the initial
Case Management Conference (CMC), the
conference will be vacated. If the case is a limited jurisdiction case, it will be set for a trial setting
conference to be held approximately 90 calendar days after the vacated
initial CMC. If the case is an unlimited jurisdiction case, it will be set
for ADR review approximately 90 calendar days after the vacated initial CMC.
(Eff. 7/1/08)
If the ADR Stipulation and Order form is filed after the
initial CMC, upon approval of the Court, any pending CMC will be vacated and
the case will be set for ADR review in approximately 60 calendar days.
(Eff. 7/1/08)
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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List of attached Civil local forms
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