Stipulation And Order To Attend Judicial Mediation Or Private Arbitration {SUPCV-1012}

SUPERIOR COURT OF CA LIFORNIA COUNTY OF SANTA CRUZ 701 OCEAN STREET SANTA CRUZ, CALIFORN IA 95060 (831) 420 - 2200 www.santacruzcourt.org Page 1 of 3 Local Rule of Court 7.1 STIPULATION AND ORDER TO ATTEND JUDICIAL MEDIATION OR PRIVATE ARBITRATION Form Adopted for MAN DATORY Use Superior Court of Santa Cruz County SUP CV 1012 Rev. 11 / 02 /1 8 SUPCV 1012 ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKET The person who files a civil lawsuit (plaintiff) must include the ADR Information Packet with the complaint when serving the defendant(s). Cross complainants must serve the ADR Information Packet on any new parties named to the action. (California Rule of Court 3.221) The Court encourages the parties to use some form of ADR before proceeding to trial. You may choose ADR by: In dicating your preference on Case Management Form CM - 110; Filing the Stipulation and Order to Attend Judicial Mediation or Private Mediation at least 10 days before the Case Management Conference (a local form included with the information packet); or Agree to ADR at your Initial Case Management Conference. QUESTIONS? 7.1 or contact the Civil Calendar Department at (831) 420 - 2200. Alternate Dispute Resolution (ADR) is a process, other than formal litigation, in which a neutral person assists the parties in resolving their dispute. Santa Cruz Superior Court offers Judicial Mediation. If the parties agree to Mediation, it is the policy of this Court to assign approp riate cases to mediation without making a determination of the value of the case. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 3 Local Rule of Court 7.1 STIPULATION AND ORDER TO ATTEND JUDICIAL MEDIATION OR PRIVATE ARBITRATION Form Adopted for MAN DATORY Use Superior Court of Santa Cruz County SUP CV 1012 Rev. 11 / 02 /1 8 What are the Advantages of Using ADR? ADR can save time. Even in a complex case, a dispute can be resolved through ADR in a matter of months or weeks, while a lawsuit can take years. ADR can save money. By producing earlier settlements, ADR can save parties and courts money that might otherwise be spent on liti gation costs (attorneys fees and court expenses). ADR provides more control and flexibility. Parties can choose the ADR process most appropriate for their particular situation and that will best serve their particular needs. ADR provides more participatio n. Parties have more opportunity with ADR to express their responsibilities. ADR can reduce stress and provide greater satisfaction. ADR encourages cooperat ion and communication, while discouraging the adversarial atmosphere found in litigation. Surveys of disputants who have gone through ADR have found that satisfaction with ADR is generally high, especially among those with extensive ADR experience. What are the Disadvantages of using ADR? If you cannot resolve your dispute using ADR, you may still have to spend time and money resolving your lawsuit through the courts. If ADR is binding, the parties normally give up most court protections, including a dec ision by a judge or jury under formal rules of evidence and procedure, and review for legal error or an appellate court. litigation. ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute. What ADR Options are Available? Mediation A neutral person (mediator) helps the parties communicate, clarify facts, identify legal issues, explore settlement options, and agree on a solution that is acceptable to all sides. o Court Mediation Program: If the case is appropriate for Judicial Mediation and all parties agree to mediate, the Court will set the Judicial Mediation for a single session. The Case Management Judic ial Officer will conduct the mediation. o Private Mediation: and may choose a mediator outside the court. Arbitration A neutral person (arbitrator) hears arguments and evidence from each side then decides the outcome of the dispute. Arbitration is less formal than a trial and the rules of evidence are often relaxed. Arbitration is effective when the parties want someone other than themselves to decide the outcome. American LegalNet, Inc. www.FormsWorkFlow.com ATTORNEY OR PARTY WITHOUT ATTORNEY ( Name, State Bar number, and address ): TELEPHONE NO: FAX NO. (Optional) E - MAIL ADDRESS ( Optional ): ATTORNEY FOR ( Name ): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 110 Santa Cruz, CA 95060 Santa Cruz Branch Plaintiff/Petitioner vs. Defendant /Respondent : STIPULATION AND ORDER TO ATTEND JUDICIAL MEDIATION OR PRIVATE ARBITRATION Must be filed 10 days before Case Management Conference CASE NUMBER: Page 3 of 3 Local Rule of Court 7.1 STIPULATION AND ORDER TO ATTEND JUDICIAL MEDIATION OR PRIVATE ARBITRATION Form Adopted for MAN DATORY Use Superior Court of Santa Cruz County SUP CV 1012 Rev. 11 / 02 /1 8 SUPCV 1012 FOR GOOD CAUS E as stated in the attached supporting declaration, the C ASE MANAGEMENT CONFERENCE CURRENTLY SET FOR: (DATE) CHECK ONLY ONE BOX: 1. The parties stipulate to court ordered mediation. 2. The parties stipulate to private mediation or arbitration, to be arranged by the parties and completed within 120 days of the current CMC date stated above. The parties agree that such process shall be a good faith attempt to resolve the case. SIGNATURES OF COUNSEL OR PARTY WITHOUT AN ATTORNEY : PRINT/ TYPE NAME: DATE: ATTORNEY FOR: PRINT/ TYPE NAME: DATE: ATTORNEY FOR: ORDER BASED ON THE STIPULATION OF THE PARTIES, THE SUPPORTING DECLARATION, AND FINDING GOOD CAUSE, THE APPLICATION IS HEREBY GRANTED SET FOR JUDICIAL MEDIATION ON: AT: a.m . / p.m. VACATE CMC CURRENTLY SET FOR: AT: a.m . / p.m. Date: JUDGE OF THE SUPERIOR COURT American LegalNet, Inc. www.FormsWorkFlow.com