If you find yourself in Tulare County Superior Court be ready to discuss ADR at the first Case Management Conference. Many times we send young associates to the first CMC or look at the file while waiting on court call, ready to set trial but not much more. However, in Tulare County all attorneys should be ready to not only discuss mediation but also have a mediator agreed to with opposing counsel.
In non-complex civil actions, the Court typically requests the parties to agree to a mediator before but no later than at the first Case Management Conference.
Tulare county Local Rules 600(a)(5) states:
(5) This court has found that mediation is highly desirable and orders the parties to meet and confer prior to the CMC date regarding an agreed upon mediator and mediation date and time. A list of mediators and their fees are provided by the court in its ADR package. The mediator must be agreed upon before the CMC and the mediation date and time cleared with the mediator so the court may enter the date in the court’s minute order.
As a result, counsel must meet and confer with each other and agree to a mediator before the first Case Management Conference, which is early I know. Many times Defense counsel only receives the file a few days before and is scrambling to file an Answer, much less figuring out a mediator for the case. However, at the first CMC, The judge will press the parties to agree to a mediator right then, so be ready! I've seen the judge wait until the parties agree to a mediator while the courtroom was full.
If needed, Tulare County provides a court-approved list (see the attached link), and of course, you can use anyone to which all the parties agree.
So, if you find yourself in Tulare County, make sure you speak with opposing counsel about possible mediators, or at least, have a few mediators in mind before your case is called or otherwise, you might be caught off guard scrambling for a mediator’s name off the cuff.
If you find yourself in Fresno County Superior Court, check out how to handle ADR and its unique "Stipulation."
WHAT NEXT?
I am a mediator and available for all your mediation needs. You can reach me to schedule a mediation at: THazelton@pgllp.com or feel free to call at: 559-431-1300.
---M. Troy Hazelton