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   Alternative Dispute Resolution Rules ~


Court Rules

Los Angeles Superior Court

 Local Rules 12.15 - 12.17 -  Mediation Procedures

The parties shall personally appear at the first mediation session, and at any subsequent session unless excused by the mediator. When the party is other than a natural person, it shall appear by a representative with authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or legislative body, by a representative with authority to recommend such an agreement. Each party is entitled to have counsel present at all mediation sessions that concern it, and such counsel and an insurance representative of a covered party also shall be present or available at such sessions, unless excused by the mediator

Non-appearance of any party, counsel, insurance representative of a covered party or in the case of a governmental entity a representative with authority to recommend an agreement or a settlement, shall subject the counsel or party, after notice and an opportunity to be heard, to monetary sanctions, including, but not limited to, suitable compensation to the mediator and to the parties who did appear at the mediation, plus attorney's fees to make the request for sanctions.

   (Rule 12.15 [1/1/95] amended and effective 1/1/98.)

At any time after the filing of the complaint and before the first status conference, if all parties stipulate that the case be assigned to mediation, the case shall be assigned to mediation. Where parties stipulate to mediation in advance of the first status conference, a mediator may be selected from the court's list (see LASCR, rule 12.3) either by personal appearance of counsel at the ADR Office, or by phone. In the alternative, the parties may use a mediator of their own selection not on the court's list.

   (Rule 12.16 [1/1/95] amended and effective 1/1/2001.)

During the period that a matter has been referred to mediation, the parties are urged to exercise restraint with respect to conducting discovery. In an appropriate case, a protective order pursuant to Code of Civil Procedure section 2017(c) and related provisions may be issued by the court.

   (Rule 12.17 effective 1/1/95.)

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