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   Alternative Dispute Resolution Rules ~

 

Court Rules

Los Angeles Superior Court

  Local Rules 12.34 - 12.37 -  EARLY MANDATORY MEDIATION PILOT PROGRAM

 
  12.34 APPLICATION
Los Angeles County has been selected to participate in a Mandatory Mediation Pilot Program authorized by Code of Civil Procedure section 1730 et seq. and California Rules of Court, Rule 1640 et seq. In addition to the Los Angeles Superior Court Rules 12.0, 12.1, 12.3, 12.5, 12.6, 12.15 and 12.17, the following rules apply to those cases selected by the court for inclusion in this pilot program.

In all cases assigned to participate in the pilot, mediation program information will be provided to counsel at the time of filing a new complaint. In addition, to the summons and complaint, mediation materials must be served on all parties. Filing the Certificate of Service pursuant to Los Angeles Superior Court Rule, Rule 7.12(b), will signify that the mediation information has been served on all defendant(s).

(Rule 12.34 new and effective March 1, 2001.)

   12.35 EARLY MEDIATION STATUS CONFERENCE
The court may notify parties by court order that their case has been selected for inclusion in the Mandatory Mediation Pilot Program. The court may order the parties to appear at an Early Mediation Status Conference.

All parties ordered to attend an Early Mediation Status Conference (EMSC) shall serve and file an EMSC Statement no later than five (5) calendar days before the conference date. The EMSC Statement must be on a form approved by this court. The court may vacate or continue the EMSC date and excuse the parties from filing an EMSC Statement if a Stipulation to Participate in Mediation is filed by the parties within the deadline specified in the court order. The Stipulation must be on a form approved by this court.

(Rule 12.35 new and effective March 1, 2001.)

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   12.36 MEDIATORS
(a) The court will maintain a roster of court-approved mediators referred to as the Court ADR Panel. Mediators are required to show evidence of:

 

1) at least thirty (30) hours of mediator training,

2) completion of at least 8 mediations (each lasting at least two hours within the past 3 years), and

3) complete 4 hours of continuing education in an ADR course approved by a continuing education provider.

(b) All Court Mediators must:

 

1) Agree to abide by the court's reimbursement policy and procedure;

2) Agree to conform to the court's Standards of Professional Conduct for Mediators;

3) Comply with the court's rules and procedures for implementing the Mandatory Mediation Pilot Program, as determined by the ADR Committee and ADR Administrator.

(c) Non-Panel Mediators may be utilized, however:

 

1) If the parties choose to use a non-panel mediator, the judge must authorize a non-panel mediator at the time of referral and the parties shall be responsible for the mediator's compensation.

2) Non-panel mediators may request compensation from the court.

3) The court will consider each request on a case by case basis.

4) In no case will the compensation be greater than what the court would pay a panel mediator.

5) Request for court compensation shall be accompanied by a completed ADR Form 100.

(Rule 12.36 new and effective March 1, 2001.)

   12.37 MEDIATION REPORT
In all cases participating in the pilot program, within 10 days after the completion of the mediation, the parties shall complete and file with the ADR Administrator an ADR Information Form.

(Rule 12.37 new and effective March 1, 2001.)

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