Santa Barbara County Superior
Court Rules
1102 COURT ADMINISTERED DISPUTE RESOLUTION (CADRe)
- [Service and Filing] As part of the service and proof
of service of complaints, plaintiff(s) shall include a
copy of the Court Administered
Dispute Resolution (CADRe) Program Information and a Stipulation
and Order to Alternative
Dispute Resolution (ADR) Process form per CRC 3.221(c).
Not later than fifteen (15) days before the 120-day Case
Management Conference prescribed by Rule 1309(d) of this
Court, all counsel shall file with the court a completed
Case Management Statement
[CM-110] and serve it on all
other parties. At the Case Management Conference, the Court
will make a determination of the amount in controversy,
in the manner provided by Section 1141.16 of the Code of
Civil Procedure.
- [ADR Consultation] At the court’s discretion,
counsel and parties may be required to attend a consultation
with the staff of the Court’s CADRe Program within
ten (10) days of the 120-day Case Management Conference
or as otherwise directed by the Court. Parties and counsel
shall be fully prepared to discuss with the Court and
CADRe staff the appropriate dispute resolution method(s)
for the case.
- [Timing, Disposition, and Reporting] If
an ADR process is selected, counsel shall file with
the Court a fully-executed
Stipulation and Order to Alternative Dispute Resolution
(ADR) Process form within ten (10) days after the later
of either:
(i) the 120- day Case Management Conference, or
(ii) the CADRe Consultation, indicating their participation
in an ADR process.
The parties shall conduct the ADR process within sixty
(60) days of filing the ADR Stipulation, unless otherwise
approved by the Court. The Neutral shall file with the
court a Statement of
Agreement or Non-Agreement [ADR-100] within ten (10) days of the final ADR session. All reports
to the Court by any mediator shall strictly comply with
Section 1115 et. seq. of the California Evidence Code,
regarding disclosure of confidential or privileged information.
Cases that do not resolve through the use of an ADR
process shall proceed to trial in accordance with these
rules. Participation in an ADR process shall not affect
time periods specified in the Trial Court Delay Reduction
Act. Upon any settlement or other disposition of a case,
other than by trial, wherein an ADR process has occurred
or is pending, notice of such disposition shall be given
to all parties, to the Court, to the arbitrator or other
ADR neutral involved in the case, and also to the Court’s
CADRe Program, in the manner required by Rule 225 of
the California Rules of Court.
-
[Mediation in lieu of Judicial
Arbitration] Civil cases with an amount in controversy
of $50,000.00 or
less that are subject to Judicial Arbitration (CCP §1141
et. seq.) may be ordered to Limited Mediation in lieu
of Judicial Arbitration (CCP §1775 et. seq.) at
the request of the parties or the discretion of the
court.
(Adopted 01-01-98. As amended, eff. 01-01-05.)