Santa Barbara County Superior Court Rules

1102 COURT ADMINISTERED DISPUTE RESOLUTION (CADRe)

  1. [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.
  2. [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.
  3. [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.

  4. [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.)


: :   Contact CADRe   : :
Phone: (SB) 805-882-4661
CADRe Home | Select a Neutral | Forms | Articles | For Neutrals | Site Map

© 2016 Santa Barbara CADRe