Rule 3.800. Definitions

As used in this division:

(1)  "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.

(2)  "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 3.1380.

Rule 3.800 amended and renumbered effective January 1, 2007; adopted as rule 1580 effective January 1, 2001; previously amended effective July 1, 2002.

Rule 10.781. Court-related ADR neutrals

(a)  Lists of neutrals

If a court makes available to litigants a list of ADR neutrals, the list must 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.

(Subd (a) amended effective January 1, 2007.)

(b)  Requirements to be on lists

In order to be included on a court list of ADR neutrals, an ADR neutral must sign a statement or certificate agreeing to:

(1)  Comply with all applicable ethics requirements and rules of court and;
(2)  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 must 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.

(Subd (b) amended effective January 1, 2007.)

Rule 10.781 amended and renumbered effective January 1, 2007; adopted as rule 1580.1 effective January 1, 2001

Rule 10.782. ADR program information

(a) Report to Judicial Council

Each court must report information on its ADR programs to the Judicial Council, as requested by the Administrative Office of the Courts.

(Subd (a) amended effective January 1, 2007.)

(b) Parties and ADR neutrals to supply information

Subject to applicable limitations, including the confidentiality requirements in Evidence Code section 1115 et seq., courts must require parties and ADR neutrals, as appropriate, to supply pertinent information for the reports required under (a).

(Subd (b) amended effective January 1, 2007.)

Rule 10.782 amended and renumbered effective January 1, 2007; adopted as rule 1580.2 effective January 1, 2001.

Rule 10.783. 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, 2007; previously amended effective January 1, 2004.

(b) ADR committee

(1)  Membership in courts with 18 or more authorized judges

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 available to litigants a list of any ADR neutrals other than arbitrators, one or more neutrals chosen by the presiding judge from that list.

(2)Additional members

The ADR committee may include additional members selected by the presiding judge.

(3)  ADR committee in other courts

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)  Term of membership

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)  Responsibilities of ADR committee

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 3.813(b).

(Subd (b) amended effective January 1, 2007; previously adopted effective January 1, 2004.)

Rule 10.783 amended and renumbered effective January 1, 2007; adopted as rule 1580.3 effective January 1, 2001; previously amended effective January 1, 2004.