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Correspondence - Non Agenda
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UNITED STATES DISTRICT COURT <br /> CENTRAL DISTRICT OF CALIFORNIA <br /> NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT <br /> AND USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) <br /> Counsel are required to furnish and discuss this Notice with their clients. <br /> Despite the efforts of the courts to achieve a fair, timely and just outcome in all cases, <br /> litigation has become an often lengthy and expensive process. For this reason, it is this <br /> Court's policy to encourage parties to attempt to settle their disputes, whenever possible, <br /> through alternative dispute resolution (ADR). <br /> ADR can reduce both the time it talces to resolve a case and the costs of litigation, which <br /> can be substantial. ADR options include mediation, arbitration (binding or non-binding), <br /> neutral evaluation (NE), conciliation, mini-trial and fact-finding. ADR can be either <br /> Court-directed or privately conducted. <br /> The Court's ADR Program offers mediation through a panel of qualified and impartial <br /> attorneys who will encourage the fair, speedy and economic resolution of civil actions. <br /> Panel Mediators each have at least ten years of legal experience and are appointed by the <br /> Court. They volunteer their preparation time and the first three hours of a mediation <br /> session. This is a cost-effective way for parties to explore potential avenues of resolution. <br /> This Court requires that counsel discuss with their clients the ADR options available and <br /> instructs them to come prepared to discuss the parties' choice of ADR option (settlement <br /> conference before a magistrate judge; Court Mediation Panel;private mediation) at the <br /> initial scheduling conference. Counsel are also required to indicate the client's choice of <br /> ADR option in advance of that conference. See Civil L.R. 26-1(c) and Fed.R.Civ.P. 26(f). <br /> Clients and their counsel should carefully consider the anticipated expense of litigation, <br /> the uncertainties as to outcome, the bane it will take to get to trial, the time an appeal will <br /> take if a decision is appealed, the burdens on a client's time, and the costs and expenses of <br /> litigation in relation to the amounts or stakes involved. <br /> With more than 15,000 civil cases filed in the Distract in 2012, less than 1 percent actually <br /> went to trial. Most cases are settled between the parties;voluntarily dismissed; resolved <br /> through Court-directed or other forms of ADR; or dismissed by the Court as lacking in <br /> merit or for other reasons provided by law. <br /> For more information about the Court's ADR Program,the Mediation Panel, and the <br /> profiles of mediators, visit the Court website, www.cacd.uscourts.gov, under"ADR." <br /> ADR-03(05113) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM <br />
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