Alternative Dispute Resolution
Lawyers and judges recognize the high success rate of Alternative Dispute Resolution (ADR), especially mediation, and Marin County Superior Court judges generally require the use of ADR before assigning a trial date. MCBA provides a comprehensive directory of ADR providers. These providers meet certain minimum requirements for the mediation and arbitration panels, as set forth below.
All ADR Panelists
As required by Cal. Rules of Court, Rule 10.781:
- Sign a certificate agreeing to comply with all applicable ethical requirements; and
- 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.
- To qualify, mediators must have completed at least 40 hours of mediation training and within the last two years have completed at least 5 mediations serving as a mediator (of which two may have been as a co-mediator or a member of a court-sponsored mandatory settlement conference); and commit to earning 10 CLE units on the topic of Alternative Dispute Resolution over the next 3 years.
- Application Deadline for inclusion in MCBA ADR Directory: The Marin County Bar Association ADR Panel accepts applications for new members July through September.
Modest Means Mediation
In conjunction with the Marin County Courts, Modest Means Mediation promotes the use of mediation in civil cases where one or more litigants cannot afford market rate mediation, to create an opportunity for mediators to provide a public service, and to allow new mediators to train and practice dispute resolution skills.
MCBA maintains a list of qualified mediators willing to handle 4-hour mediations on a pro bono basis. If mediations run more than four hours, mediators would have maximum per-hour charges for continued mediation services, the amount to be set by the mediator. The mediator may not charge for services, including mediation beyond the first four hours, except on terms agreed upon in advance by the mediator and the participants.
For any discovery dispute in a civil case that cannot be resolved informally in the meet and confer process, the policy of the Marin County Superior Court to encourages use of the Discovery Facilitator Program.
A list of qualified Discovery Facilitators is maintained in the Marin County Superior Court, with the assistance of the Marin County Bar Association. Each panelist on the list must be an active member of the State Bar licensed for at least 10 years or a retired judge and approved by the Supervising Civil Judge.
For each discovery dispute, a panelist is asked to facilitate, the Discovery Facilitator will devote up to two hours free of charge to assist in the resolution of the dispute. For more details, please contact the ADR Coordinator Susan Feder via email or call 415 453 1659