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Chapter 6 (Rules 3.200 to 3.206): the alternative dispute resolution programs (Rule 3.200); mediation - the panel's fees, attendance and mediation statements (Rule 3.201); judicial arbitration (Rule 3.202); settlement mentors (Rule 3.203); neutral case evaluation (Rule 3.204); the temporary judge trial in the civil division (Rule 3.205); and ethical and practice standards for ADR panel members (Rule 3.206).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 6. ADR (Not Applicable to Family Law Matters and Probate Matters) Rule 3.200. Alternative Dispute Resolution Programs (a) Availability of Alternative Dispute Resolution (ADR) Programs Judges in the Contra Costa County Superior Court encourage parties involved in lawsuits to use ADR to resolve their disputes without trial. The Court offers several ADR Programs in general civil and probate cases. The Court also provides mediation services in juvenile dependency and child custody and visitation cases and collaborates with community ADR providers to offer mediation in small claims, guardianship, civil harassment, and unlawful detainer cases. (b) Application of these rules These rules apply to all court–administered ADR Programs except Child Custody Recommending Counseling (mediation) sessions available from family court services (which is governed separately by the California Family Code, related rules of court, and case law), community mediation services (provided in some small claims, civil harassment, guardianship, juvenile dependency, and unlawful detainer cases), and assignment of temporary judges to hear regular court calendars. (c) Duty to meet and confer In the event parties to a civil action agree to use ADR before their first Case Management Conference, they are encouraged to use the appropriate local court form: (1) CV-655b – Stipulation and Order to Attend ADR and Delay First Case Management Conference 90 Days (Unlimited Jurisdiction Civil Cases) (2) CV-659d – Stipulation to Attend ADR and Delay First Case Management Conference 90 Days (Limited Jurisdiction Civil Cases) (d) Voluntary participation Participation in any of the Court’s ADR Programs is strongly encouraged and voluntary unless otherwise provided by law, Judge or Local Rule. Parties may choose an ADR option on the Case Management Form (Judicial Council Form CM-110), or by filing one of two local court forms included in the plaintiff’s packet: (1) (For Limited Jurisdiction cases) - a Stipulation to Attend ADR and Delay First Case Management Conference 90 Days (Local Court Form CV-659d), or (2) (For Unlimited Jurisdiction cases) – a Stipulation and Order to Attend ADR and Delay First Case Management Conference 90 Days (Local Court Form CV-655b). Parties may also agree (stipulate) orally or in writing to use ADR at any time. (e) Opening an ADR case To open a civil or probate ADR case, parties must contact the ADR Program’s Office. Once a case is opened, the parties will receive a list of panel members with expertise in their type of case. The parties must make their own decision about whether a panel member has the needed expertise, and can help the parties to complete ADR before the Court deadline. All parties must agree on the panel member who will handle the ADR portion of their court case. Parties with child custody and visitation, guardianship, juvenile dependency, small claims, civil harassment and unlawful detainer cases will get separate instructions from the judge assigned to hear their case. (f) Standard ADR case management timelines Unless the judge makes different arrangements to accommodate circumstances in individual cases, parties can expect that they must choose their mediator, arbitrator, or neutral case evaluator within fourteen (14) calendar days of the matter being referred to ADR. The Court and ADR Department will tell the parties how long they have to finish ADR. ADR sessions may be scheduled at the parties’ and panel members’ convenience, as long as they meet the court–ordered ADR completion deadlines. (g) Blending or changing ADR processes The Court allows parties to engage in more than one ADR process over the life of their case, as well as to change between most ADR processes only if: (1) All parties notify both the Judicial and ADR Department as soon as is practicable of their intent to change processes. (2) All parties and the ADR panel member ensure there are clear distinctions made and an agreement signed regarding which ADR processes and associated rules apply to their discussions, court deadlines, and work product. (h) Changing or abandoning ADR Some ADR processes are confidential (private) and others are not. Once the Court has made an ADR order, the parties must have permission from the judge to change the ADR process, or to cancel ADR altogether. (i) ADR panel member requirements All ADR panel members must meet the training, education, and experience requirements for the mediation, arbitration, neutral case evaluation, and settlement mentor panels. People interested in serving on the Court’s ADR panel must complete and update their panel member information as changes occur. If selected to serve on a particular case, panel members must complete and submit all forms and follow all of the Court's Ethical and Practice Standards listed in section seven of these rules. (j) Complaints ADR Program participants are encouraged to discuss any concerns they have about the ADR process or a panel member’s conduct with the panel member first. Consistent with California Rules of Court, Rule 3.865, the Court will address party complaints as follows: (1) The party must make a written complaint to the ADR Program Director. (2) If the ADR Program Director cannot resolve the complaint informally, the written complaint will be forwarded to the Presiding Judge or, at the Presiding Judge’s discretion the Supervising Civil Judge. The panel member must answer the complaint in writing, and a copy of that answer will be given to the person or people making the complaint. (3) If the complaint remains unresolved,the Presiding Judge or Supervising Civil Judge and ADR Program Director will convene a review panel to consider the complaint. If the Supervising Judge finds the complaint to be valid, he/she may reprimand the panel member, suspend the panel member until he/she has completed additional training, or remove the panel member from one or all of the Court’s ADR Program panels. (k) Service of ADR member Service as an ADR panel member, and the appearance of a panel member’s name on panel lists is at the sole discretion of the Supervising Civil Judge and/or his or her designee. Panel members’ services can be terminated without cause, reason, or notice at any time. The Court is under no obligation to use any panel member’s services now or in the future. (l) Panel member evaluation The Court will periodically evaluate each panel member’s performance. In the event performance issues are identified, the Court may: (1) Contact the panel member informally or formally to address and resolve any identified issues; (2) Suggest or require the panel member to attend additional training, or establish a mentoring relationship with an experienced practitioner; (3) Issue a formal or information reprimand, suspend the panel member, or remove him or her from the panel. (Rule 3.200 revised effective 1/1/25) Rule 3.201. Mediation (a) Mediation Mediation allows people to focus on the issues at the heart of their dispute. Mediation conferences are informal. Most mediators start out talking with all the parties together. Later, the mediator may meet with each party separately. Mediators often ask each party to list the issues in dispute, and to offer their ideas for settlement. People often discuss and exchange documents or other information before or during mediation, but do not present evidence as they would in court. Mediators have different ways of handling the mediation process. For example, some mediators are more evaluative and are willing to tell the parties what they think a case is worth or how they think the case might turn out if it went to trial. Other mediators are more facilitative and tend to focus on helping the parties to negotiate and reach agreements of their own design. Parties are free to decide which mediation style they prefer. No matter what approach a mediator takes, he or she is not the decision maker. Agreements can only be reached if all the mediating parties accept the proposed solution. (b) Mediator selection All mediating parties must agree on a mediator and complete a Selection of ADR Panel Member (Local Court Form ADR-201) by the selection deadline provided by the ADR Program Coordinator unless the judge sets a different selection deadline. Parties must forward the Selection form to the ADR Program’s Office. If the parties cannot agree on a mediator, the Court or ADR Department may appoint one. Once a mediator has been chosen, the ADR Programs Office will then file and serve a Notice of Assignment on all parties and the Mediator. (c) Mediator qualifications Although most of the Court’s mediators are also attorneys, some panel members are professionals and experts from other fields such as: accounting, business, construction, finance, psychology, and real estate. (1) Mediators appointed to the panel after January 1, 2006 must: (A) Have completed an initial 40-hour comprehensive mediation training program that encompasses commonly recognized mediation principles and practices including: confidentiality, voluntary participation, communicating clearly, listening effectively, facilitating communication among all participants, promoting exploration of mutually acceptable settlement options, and conducting oneself in a neutral manner; (B) Have mediated five (5) cases or co-mediated at least ten (10) cases. Each mediation counted for this purpose must have lasted two or more hours; and (C) Be familiar with ethical standards as adopted by state and national professional organizations, and with the Uniform Mediation Act. (2) Alternative qualifications: A person who does not meet all of the requirements of (c)(1)(a) and (c)(1)(b) may still qualify to be a mediator for the Court if he/she provides the Court ADR Committee or its designee with satisfactory evidence of sufficient alternative education, training, skills and experience. Acceptance of alternative qualifications is at the discretion of the Court ADR Committee and/or its designee. The Court is under no obligation to accept alternative qualifications. (3) All mediation panel members must: (A) Attend at least four (4) hours of continuing education or training related to the practice of mediation every three years. At least 2 hour(s) of education or training must address ethics, fairness, and bias issues in the mediation context. At least 1 hour of that education or training must address practice and ethical issues that arise when parties are not represented by an attorney. (B) Certify that they meet the requirements of this rule every three years following their appointment as a mediator to the Court ADR panel. (C) Agree to abide by the ethical principles established by California Rules of Court, Rules 3.850 et seq. and comply with the competence standards established by California Rules of Court, Rule 3.856. (d) Mediation fees The Court’s mediation panel members shall not charge fees for the first 30 minutes of case scheduling and preparation time, or for the first two hours of mediation conference time. If more time is needed, the parties must pay that mediator’s hourly fee for the time used. Parties who have had their court filing fees waived (cancelled), may ask the ADR Programs Department to contact the mediator and find out if that party’s mediation fees may also be waived. Parties are encouraged to have a written agreement with the panel member regarding fees and the management of their ADR case. (e) Attendance at mediation Unless excused by the assigned judge before mediation starts, all trial lawyers, principals, clients, claims representatives, and other appropriate decision–makers must attend mediation in person. Telephone standby is not allowed unless approved by the assigned judge before mediation starts. (f) Confidentiality Court–connected mediations are confidential (private) per California Evidence Code Sections 1115–1128. The mediator cannot be called to testify in court about what happened or what was said in mediation. Except as otherwise provided by law or these rules, court staff, the mediator, all parties, all attorneys, and any other people facilitating or participating in the mediation process must treat all written and oral communications made in or during mediation, as confidential. The only exceptions to confidentiality in mediation are: (1) The law or any other mandate requires the information to be reported; or (2) The ADR panel member thinks there might be a danger of serious physical harm either to a party or to another person. (g) Mediation statements Parties must prepare and give information about their case to the mediator and other parties at least five (5) court days before the mediation hearing. Mediation statements must not be longer than five (5) pages and must contain the following information: (1) The name and title (or relationship to the case) of all people who will attend mediation; (2) A list of people connected with other parties who, if present at mediation, might improve the chances of settlement; (3) A brief statement of the important issues, and the party's views on liability and damages; (4) A list of legal or factual issues that, if narrowed or resolved early, would promote settlement; (5) A brief description of the history and status of any settlement negotiations; and (6) Copies of any court or other documents that will help the mediator understand the issues in dispute. (h) Mediator’s report The mediator must forward a copy of the completed Mediator’s Report (Local Court Form ADR-305) to the ADR Program’s Office, counsel, and all self-represented parties. This form is available online at https://www.cc-courts.org/civil/alternative-dispute-resolution.aspx. (i) Blending or changing ADR processes The Court allows parties to engage in more than one ADR process over the life of their case as well as to change between most ADR processes only if: (1) All parties notify both the judicial and ADR Department as soon as is practicable of their intent to change processes, and (2) The parties and the ADR panel member must ensure there are clear distinctions made and an agreement signed regarding which ADR processes and associated rules apply to their discussions, court deadlines, and work product. (Rule 3.201 revised effective 1/1/25) Rule 3.202. Judicial Arbitration (a) Judicial Arbitration Judicial Arbitration is less formal than a court hearing. It allows the parties under oath, to present their case, offer witness testimony, and get a decision. California Code of Civil Procedure section 1141.10 et seq. allows the Court to require all cases where the amount in dispute is $50,000 or less to be submitted either to judicial arbitration or to mediation if the judge finds it to be appropriate in a particular case. Cases may also go to judicial arbitration if the person who made the complaint agrees to limit his or her recovery to $50,000, or if the parties all agree to use arbitration. The award (arbitrator’s decision) must be filed with the Court within ten (10) calendar days of the last hearing. If either party disagrees with the arbitration award, he or she may ask the Court to review the case by filing a request for a new court hearing (called a Trial De Novo). The arbitration award becomes a court order unless one of the parties files for a Trial De Novo within sixty (60) calendar days or another time limit set by the judge. (b) Arbitrator selection All parties must agree on an arbitrator and complete a Selection of ADR Panel Member (Local Court Form ADR-201) by the selection deadline provided by the ADR Program Coordinator , unless the judge sets a different selection deadline. Parties must forward this form to the ADR Program’s Office. If the parties cannot agree on an arbitrator, the assigned judge may appoint one. The ADR Program’s Office will then file and serve on all parties and the Arbitrator a “Notice of Assignment.” (c) Arbitrator qualifications Arbitrators must be licensed California attorneys and have an oath of office on file with the ADR Program’s Office unless the parties jointly agree by stipulation to appoint an arbitrator with other qualifications. (d) Arbitration fees Under California Code of Civil Procedure Section 1141.18, arbitrators in judicial arbitration cases are paid $150 per case or $150 per day if the arbitration takes more than one day. All of the arbitrators on the Court's panel have agreed either to donate their services, or to be paid by the parties at the rate described in this section. (e) Attendance at arbitration As long as all trial attorneys, parties, and other people needed to present the case and answer the arbitrator’s questions are included, the parties may choose who will attend arbitration. (f) Arbitration statements Parties must prepare and give information about their case to the judicial arbitrator and other parties at least five (5) court days before the arbitration hearing. This information must not be longer than five (5) pages and must include: (1) The name and title (or relationship to the case) of all people who will attend arbitration; (2) A brief statement of the legal and factual issues in the case, and the party's views on liability and damages; and (3) Copies of any documents that will help the arbitrator understand the issues in dispute. (g) Blending or changing ADR processes The Court allows parties to engage in more than one ADR process over the life of their case, as well as to convert most ADR processes only if: (1) All parties notify both the Judicial and ADR Department as soon as is practicable of their intent to change processes, and (2) The parties and the ADR panel member ensure there are clear distinctions made and an agreement signed regarding which ADR processes and associated rules apply to their discussions, court deadlines, and work product. (Rule 3.202 revised effective 1/1/25) Rule 3.203. Settlement Mentors (a) Settlement Mentor conferences The assigned judge may refer, or the parties may ask for a conference with a settlement mentor either on the morning of trial, or earlier in the case. These informal conferences usually last about two hours. These processes are not the same as mediation, and are not confidential per Evidence Code Sections 1115-1128. Parties meet with an attorney who has significant litigation experience with similar cases (called a settlement mentor) to review the issues, analyze the case, and consider settlement recommendations. The parties do not present evidence, and witnesses are not called. Although information may be shared with the settlement mentor and not shared with the other party, any information given to the settlement mentor may be shared with the judge. When appropriate, the settlement mentor may involve the judge in the settlement discussions. (b) Selection of Settlement Mentors Settlement mentors are assigned by the ADR Program’s Department based on their stated areas of expertise, and in consultation with the assigned judge. (c) Settlement Mentor qualifications Settlement mentors are attorneys who have background experience in the issues involved in the case. (d) Settlement Mentor fees Settlement mentors may not charge any fees for their services unless the parties agree to continue settlement discussions with the settlement mentor at his/her usual fee. (Rule 3.203(d) revised effective 1/1/17) (e) Attendance at the Settlement Mentor conference All trial attorneys, principals, clients, claims representatives, and other decision makers must attend the settlement mentor conference. Telephone standby is not allowed unless approved by the assigned judge before the conference begins. (f) Confidentiality Although information given during the settlement mentor conference may be shared with the judge, everyone attending (including court staff, the settlement mentor, all parties and all attorneys), must treat all written and oral communications made in or during the settlement conference as confidential. When the judge will not be trier of fact, the mentor may report to the judge the settlement positions of the parties to help the parties reach an agreement. (g) Blending, changing, or converting ADR processes Although the Court allows parties to engage in more than one ADR process over the life of their case, they may not convert settlement mentor conferences into any other ADR process unless they have first asked for and received permission from the Judge scheduled to hear that case. (Rule 3.203 revised effective 1/1/17) Rule 3.204. Neutral Case Evaluation (a) Neutral Case Evaluation This program allows litigants and their lawyers to meet with an experienced trial attorney to get an independent opinion about their case, and about likely outcomes if their case were to go to trial (to the extent this is possible in a jury trial system). Evaluators can also help the parties develop a cost–effective plan for exchanging information (or managing discovery) and handling their cases. While commercial, business, real estate, personal injury, and contract matters often benefit from this program; any case might gain from this process if there are only two or three parties, and if there are more than just legal questions to resolve. Because this program does not involve negotiation or other settlement discussions, some parties use the evaluator’s recommendations to negotiate their own agreement. Others choose another ADR Program (such as mediation or arbitration) to settle their cases. (b) Selection and assignment of Neutral Case Evaluators All parties must agree on an evaluator and complete a Selection of ADR Panel Member (Local Court Form ADR-201) by the selection deadline provided by the ADR Program Coordinator, unless the judge sets a different selection deadline. Parties must forward this form to the ADR Program’s Office. If the parties cannot agree on an evaluator, the assigned judge may appoint one. The ADR Program’s Office will then file and serve a Notice of Assignment on all parties and the evaluator. (c) Neutral Case Evaluator qualifications Evaluators are attorneys who have significant litigation experience and background in the issues involved in the case. (d) Neutral Case Evaluation fees The Court’s neutral case evaluators shall not charge fees for the first 30 minutes of case scheduling and preparation time, or for the first two hours of evaluation conference time. If more time is needed, the parties must pay that evaluator’s hourly fee for the time used. Parties who have had their court filing fees cancelled (waived), may ask whether the neutral case evaluator is willing to waive that party’s fees. Parties are encouraged to have a written agreement with the panel member regarding fees and the management of their ADR case. (e) Attendance at the Neutral Case Evaluation Conference All trial lawyers, principals, clients, claims representatives, and other decision–makers shall attend the evaluation conference. Telephone standby is not permitted unless approved in advance by the assigned judge. (f) Admissibility of Neutral Case Evaluation findings Neutral case evaluation is not confidential unless the parties and evaluator agree otherwise, and sign an agreement to that effect. (g) Neutral Case Evaluation statements Parties must prepare and give information about their case to the neutral case evaluator and other parties at least five (5) court days before the evaluation hearing. This information must not be longer than five (5) pages and must include: (1) The name and title (or relationship to the case) of all people who will attend the neutral case evaluation conference; (2) A brief statement of the important issues in the case, and the party's views on liability and damages; (3) The legal or factual issues to be resolved; and, (4) Copies of any court or other documents that will help the evaluator understand the issues in dispute. (h) Blending or changing ADR processes The Court allows parties to engage in more than one ADR process over the life of their case, as well as to convert most ADR processes only if: (1) All parties notify both the judicial and ADR Department as soon as practicable of their intent to change processes, and (2) The parties and the ADR panel member ensure there are clear distinctions made and an agreement signed regarding which ADR processes and associated rules apply to their discussions, court deadlines, and work product. (Rule 3.204 revised effective 1/1/25) Rule 3.205. Temporary Judge Trial - Civil Division Applicable to Civil Cases (not including juvenile or family law cases) (a) Temporary Judge trials Some parties with civil cases want to choose when their case will be tried, and so will agree to have the Court appoint a temporary judge to hear their case. (This is permitted by Article 6, Section 21 of the State Constitution and Rule 2.831 of the California Rules of Court.) Except for appeals in small claims cases (may also be heard by temporary judges), or court appearances where a temporary judge has been appointed to call a particular calendar, these trials are held at a time and location that is convenient for the parties and the temporary judge. Temporary judges have nearly the same authority as a superior court judge. Except for small claims appeal cases or times when the Court appoints a temporary judge to call a particular calendar, parties choose the temporary judge from a list maintained by the ADR Program’s Office. Temporary judge trials are handled in the same way as other civil trials, except that the trial may not take more than five (5) court days, there is no option for a jury trial, and the temporary judge might not have assistance from a court clerk or other support staff. If the case involves a litigant who has been granted a fee waiver under Government Code section 68631 et seq. and is a limited civil matter, the Court will provide electronic recording of the trial, provided the parties stipulate that the trial is to occur in a courtroom equipped with the necessary equipment and at a time where the courtroom is otherwise available. If the case involves a litigant who has been granted a fee waiver under Government Code section 68631 et seq. and is an unlimited civil matter, the Court will provide a court reporter, provided the parties stipulate that the trial is to occur at a place and time convenient for the Court to provide a reporter. Any party or parties who have not been granted a fee waiver must pay the applicable court reporter’s attendance fee pursuant to Government Code sections 68086(a)(1)(A) or (B). The parties in a temporary judge trial can appeal the temporary judge’s decision in the same way as following a trial by an assigned sitting judge. Whenever possible, each party must also: (1) Pre–mark all exhibits; and (2) Give the temporary judge an exhibit list, witness list, and opening statement. (Rule 3.205(a) revised effective 1/1/19) (b) Qualification of Temporary Judges Consistent with California Rules of Court, Rules 2.810 et seq. all attorneys who act as temporary judges must have been active members of the State Bar for a minimum of ten (10) years, must be active members of the State Bar at the time of appointment, must meet the initial and ongoing training requirements established by California Rules of Court, 2.812 – 15 and established court policy, and must not be the subject of any pending State Bar disciplinary proceeding. Further, all attorneys who act as temporary judges must certify that he/she has not pled guilty or no contest to a felony, or has not been convicted of a felony that has not been reversed. Retired judges need not be active members of the bar as long as they are in compliance with all requirements of the assigned judge’s rules and obligations as established by the Judicial Council of California. Retired commissioners must be active members in good standing with the State Bar of California, but are exempt from the requirement to have been active with the State Bar and free of any State Bar discipline for ten (10) years before their service as a temporary judge. (Rule 3.205 revised effective 1/1/19) Rule 3.206. Ethical and Practice Standards for ADR Panel Members (a) General responsibilities People serving on the Court's ADR Panel must be familiar with and follow all state or federal laws, California Rules of Court, Local Court Rules, and relevant professional or ADR–specific standards of practice. Further, panel members have a duty to the parties, the Court and themselves to be honest and diligent, to act in good faith, and to not advance their own interests at the parties’ expense. ADR panel members must be reasonably available to schedule ADR conferences, and must make an effort to expedite the ADR process. (b) Neutrality ADR panel members must be neutral and act fairly in dealing with the parties. In these rules, neutrality is defined as “freedom from favoritism or bias by appearance, word, or action, and a commitment to serve all parties as opposed to a single party.” Further, the mediator may not have a personal interest in the case, and cannot show bias toward individuals and institutions involved in the dispute. (c) Conflict of interest – definition Conflicts of interest include (but are not limited to) personal or professional relationships with a party such as: legal representation by the panel member or his or her law firm; representation in business, real property, tax preparation, or other transactions; and, service as a consultant, advisor, therapist, or other expert. All parties should ask panel members whether there would be a conflict of interest if he or she accepted the case. All panel members must disclose any personal or professional relationships that might create a conflict of interest before accepting a case assignment. If there is an actual or perceived conflict of interest, the parties may jointly decide to continue working with that panel member, or contact the ADR Program’s Office to choose another panel member. (d) Conflict of interest – duty to disclose Per California Rules of Court, Rule 3.855, panel members have an ongoing duty to disclose actual or potential conflicts of interest. Panel members must disclose personal or professional relationships with a party, including but not limited to, legal representation by the panel member or his or her law firm representation in business, real property, tax preparation, or other transactions and service as a consultant, advisor, therapist, or other expert. If there is an actual or perceived conflict of interest, the parties may jointly decide to keep working with that panel member, or contact the ADR Program’s Office to choose another panel member. (e) Solicitation by panel members Panel members must accurately state their qualifications, and must not make misleading claims about any ADR process, its costs and benefits, or its outcome. Panel members must not ask for or accept business from an ADR participant (either as a neutral, consultant, or representative in any other professional capacity) while that ADR proceeding is pending. (f) Confidentiality Except as otherwise provided, panel members must treat all written and oral communications made in or during an ADR process as confidential to the extent provided by the California Evidence Code and relevant case law. (g) Role of the panel member in settlement Panel members should help the parties to discuss the issues in dispute, and to carefully consider any proposed settlement options. Further, the panel member must try to identify and limit inappropriate pressures to settle the case. In order to protect the neutrality of his or her role, the panel member may find it advisable, for example, to encourage parties to seek independent advice from legal or other professionals. (h) Unrepresented interests Panel members must consider the possibility that people not attending an ADR conference may be affected by the results. The panel member has a duty to encourage the parties to fully consider such interests when in his or her judgment is appropriate to do so. (i) Informed consent Panel members have an ongoing duty to ensure that all parties understand the process and procedures associated with their ADR case. Further, the panel member must make every effort to ensure that the parties understand the panel member’s role, and the limits to that role, in managing the ADR process, getting expert advice, and making decisions. Panel members should always have written agreements with the parties in a particular case regarding hourly fees and the management of the ADR case. (j) Knowledge of ADR process A panel member must only accept responsibility for delivering ADR services when reasonably certain that he or she has sufficient knowledge, training, or other expertise to administer that process appropriately, and in a way that helps the parties to participate effectively. (k) Pro bono contributions and fees for service Panel members must follow the Court's policies regarding ADR services that will be provided at no cost to the parties, and ADR services that may be compensated at the panel member's normal rate. Panel members must prepare billing or invoice statements to the parties that clearly state the purpose for all fees, and reflect the required pro bono service contribution. Specifically: (1) Panel members will provide their services at no cost to the parties or the Court when serving as a settlement mentor or as a temporary judge. (2) Panel members will limit their fees for judicial arbitration to $150 per day or per case, and will look to the parties for payment of these fees. (3) Panel members will provide the first thirty minutes of case preparation and scheduling, and the first two hours of mediation and neutral case evaluation conference time at no charge. If the parties request additional time, or additional time is required to provide the requested mediation or evaluation services, the panel member may, with the parties’ agreement, charge their normal rates for actual time spent. (l) Advance deposits for Mediation or Neutral Case Evaluation services Mediators and evaluators may require the parties to pay a deposit against anticipated mediation or evaluation fees. If the panel member requests a deposit against anticipated fees, he or she may only charge the parties for actual time spent or services provided, and refund any balance due. Mediators and evaluators may not require parties to pay a non-refundable fee for a “minimum” number of mediation or evaluation hours. (m) Complete and return all ADR forms Panel members must complete and return, as appropriate, all local and state forms as directed by the Court or the ADR Program’s Office. (Rule 3.206 revised effective 1/1/16)
Chapter 6. ADR (Not Applicable to Family Law Matters and Probate Matters) Rule 3.200. Alternative Dispute Resolution Programs (a) Availability of Alternative Dispute Resolution (ADR) Programs Judges in the Contra Costa County Superior Court encourage parties involved in lawsuits to use ADR to resolve their disputes without trial. The Court offers several ADR Programs in general civil and probate c
Reviewer note: Composed 2026-10-08 (California T4 Contra Costa build 2026-10-08) from BenchPath custody ca/t4/ca-contra-costa/docs/general/july-2026-local-rules-final_0.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 24267831 bytes, sha256 580a7d67b663a29aea78edf6b7d0fffb19be65430ad0770cad9f8cb543be811e; 274 pages) with the shared verbatim composer (v2 reflow) over the rules (PDF pages 17 to 191): each page's running header (“Local Rules of the Superior Court of California, County of Contra Costa”) and footer (a rule of underscores, “Local Court Rules – Effective July 1, 2026” and “Page N of 201”) removed as chrome; lines reflowed into the rules' paragraphs; Title One's heading and its first chapter heading set on their own lines, eleven rule citations the reflow broke at a line end rejoined, and six tables printed without rules set one row a line - Rule 2.40's attorney fee schedule, two cells of Guideline Attachment 1's commission chart, Attachment 2's attorney rates, Attachment 3's time summary and Attachment 4(a)'s probate calendars (18 whitespace-only fixes); Rule 2.160's local fees and the commission chart's header cells and sixth row, which the reflow read across, set as printed (three same-character fixes); the sixth row's number, in page 180's bottom band, kept (the composer's bottom_band_numbers option); no struck character (the strike report); the rules cut at the chapter headings, which reassemble them (Title Six is “Reserved”: its heading alone); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of rule effective dates, the table of contents, the list of local court forms, the index and Appendix A (the standing orders as revised May 15, 2026, superseded by the compilation revised August 11, 2026) belong to no chapter.
1 verbatim mandatory provision from 13-16-s.
2 verbatim mandatory provisions from 15-41-s.
43 verbatim mandatory provisions from 07-33-s.