| Rule 1580. Definitions
Rule 1580.1. Court-related ADR neutrals
Rule 1580.2. ADR program information
Rule 1580.3. ADR program administration
Rule 1580. Definitions
As used in this division:
(a) "Alternative dispute resolution process" or "ADR
process" means a process, other than formal litigation,
in which a neutral person or persons resolve a dispute
or assist parties
in resolving their dispute.
(b) "General civil case" means
all limited and unlimited civil cases except probate, guardianship,
conservatorship, family
law (including proceedings under the Family Law Act, Uniform
Parentage Act, and Uniform Child Custody Jurisdiction Act; freedom
from parental
custody and control proceedings; and adoption proceedings),
juvenile court proceedings, small claims proceedings, unlawful
detainer
proceedings, and other civil petitions as defined by the Judicial
Branch Statistical Information System Data Collection Standards.
(Subd (b) amended effective July 1, 2002.)
(c) "Mediation" means
a process in which a neutral person or persons facilitate communication
between disputants to assist
them in reaching a mutually acceptable agreement. As used in
this division, mediation does not include a settlement conference
under
rule 222 of the California Rules of Court.
Rule 1580 amended effective July 1, 2002; adopted effective January
1, 2001.
Drafter's Notes
2001-Rules 212, 1580, 1580.1, 1580.2, 1580.3, 1590, 1590.1, 1590.2,
and 1590.3 and section 32.5 of the Standards of Judicial Administration
(Rules on Alternative Dispute Resolution Programs for Civil Cases).
These rules (1) encourage courts to implement high-quality court-related
ADR programs for civil cases and (2) ensure that civil litigants
receive information about available ADR processes and are encouraged
to consider voluntarily participating in ADR.
2002-See note following rule 201.7.
Rule 1580.1. Court-related ADR neutrals
(a) [Lists of neutrals] If a court makes a list
of ADR neutrals available to litigants, the list shall contain,
at a minimum,
the following information concerning each neutral listed:
(1) The types of ADR services
available from the neutral;
(2) The neutral's résumé, including
ADR training and experience; and
(3) The fees charged by the
neutral for each type of service.
(b) [Requirements to be
on lists] In order to be included on
a court list of ADR neutrals, an ADR neutral must:
(1) Sign a certificate agreeing to comply with
all applicable ethical requirements; and
(2) Agree to serve as an
ADR neutral on a pro bono or modest-means basis in at least one
case per year, not
to exceed eight
hours, if requested by the court. The court shall establish
the eligibility
requirements for litigants to receive and the application
process for them to request ADR services on a pro bono
or modest means
basis.
Rule 1580.1 adopted effective
January 1, 2001.
Drafter's Notes 2001-See note following rule 1580.
Rule 1580.2. ADR program information
(a) Each court shall report to the Judicial Council,
as requested by the Administrative Office of the Courts, information
on its
ADR programs.
(b) Subject to applicable limitations, including
the confidentiality requirements in Evidence Code section 1115
et seq., courts shall
require parties and ADR neutrals, as appropriate, to supply
pertinent information for these reports.
Rule 1580.2 adopted effective January 1, 2001.
Drafter's Notes
2001-See note following rule 1580.
Rule 1580.3. ADR program administration
(a) [ADR program administrator] The
presiding judge in each trial court must designate the clerk or
executive
officer, or another
court employee who is knowledgeable about ADR processes to
serve as ADR program administrator. The duties of the ADR program
administrator
must include:
(1) Developing informational material concerning
the court's ADR programs;
(2) Educating attorneys and litigants about the
court's ADR programs;
(3) Supervising the development and maintenance
of any panels of ADR neutrals maintained by the court; and
(4) Gathering statistical and other evaluative
information concerning the court's ADR programs.
(Subd (a) amended effective January 1, 2004;
subd (b) relettered as part of subd (a)(2); subd (c) relettered
as part of
subd (a)(3); and subd (d) relettered as part of subd
(a)(4) effective
January
1, 2004.) (b) [ADR committee]
(1) In each superior court that
has 18 or more authorized judges, there must be an ADR committee.
The members of the ADR committee
must include, insofar as is practicable:
(A) The presiding judge or a judge designated
by the presiding judge;
(B) One or more other judges designated
by the presiding judge;
(C) The ADR program administrator;
(D) Two or more
active members of the State Bar chosen by the presiding judge
as representatives of those
attorneys who regularly
represent
parties in general civil cases before the court;
including an equal number of attorneys who represent plaintiffs
and who represent
defendants in these cases;
(E) One or more members of the court's panel
of arbitrators chosen by the presiding judge; and
(F) If the court makes a list of any ADR neutrals
other than arbitrators available to litigants,
one or more
neutrals chosen by the presiding
judge from that list.
(2) The ADR committee may include additional
members selected by the presiding judge.
(3)
Any other court may by rule establish an ADR committee as provided
in (b)(1). Otherwise,
the
presiding judge
or a judge
designated
by the presiding judge must perform the functions
and have the powers of an ADR committee as
provided in
these rules.
(4) ADR committee membership
is for a two-year term. The members of the ADR committee may
be reappointed and may
be removed
by the presiding judge.
(5) The ADR committee
is responsible for overseeing the court's alternative dispute
resolution
programs for general
civil
cases, including those responsibilities
relating to the court's judicial
arbitration program specified in rule 1603(b).
(Subd (b) adopted effective January 1, 2004.)
Rule 1580.3 amended effective January 1, 2004;
adopted effective January 1, 2001.
Drafter's Notes 2001-See note following rule 1580.
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