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ADR for Unlimited Civil cases only, its forms (ADR Stipulation, EMP Statement of Settlement Status Form, Early Mediation Opt-Out Form, ADR Neutral Panel Application, ADR Neutral Survey) and contacts; the Case Management Conference (CMC) Policy and Information - the Complaint served within 60 days (California Rules of Court, Rule 3.110), extensions to respond limited to 15 days beyond the 30 days without leave of Court; before the first CMC the parties meet and confer at least 30 days prior (Rule 3.724), file and serve a CMC Statement (Form CM-110) no later than 15 days before the CMC, and take part in the Early Mediation Program (EMP); cases presumed Category I (12 month duration), designated Category II (18-month duration) or Category III (24 month duration) on a showing; the case to be at issue by the first CMC, set approximately 150 days from the filing of the original complaint (an OSC re dismissal as to unserved parties); appearance required, in person in Courtroom 8 at 627 W. 21st Street, Merced, on Thursdays at 9:30 am, or by telephone through CourtCall, LLC (TELEPHONIC APPEARANCE REQUESTED on the CMC Statement, or a Request for Telephonic Appearance NOT LESS THAN THREE (3) COURT DAYS before); CMCs typically heard by Temporary Judges unless a party asks for a Judge or Commissioner (Rule 2.816); rescheduling only by stipulation and an ex parte appearance or a noticed motion; an Unconditional Notice of Settlement filed at least five (5) Court days before a CMC (Rule 3.1385; dismissal within 45 days); the ADR Information Guide (mediation, arbitration, neutral case evaluation, settlement conferences); the Early Mediation Program - a $300 fee shared by the parties (not waived with a fee waiver) paid to the Civil Clerk’s Office within 120 days of filing, an opt-out form filed within 120 days from the filing of the Complaint, a mediator chosen from the ADR Neutral List (a short list if the parties cannot agree, de-selections within 5 days), a Mediation Statement of no more than 5 pages sent to the mediator one (1) week before, a confidential Mediation Survey after; the Judicial Arbitration Program for $300, generally ordered where the amount in controversy is $50,000 or less; the ADR Information Packet served with the Complaint and on new Cross-Defendants; and the ADR Neutral List with each neutral's biography.
California > Fifth Appellate District > Merced County > Superior Court of California, County of Merced
Alternative Dispute Resolution (ADR) Did you know that most of all civil cases filed in court are resolved without going to trial? Many people use processes other than trial to resolve their disputes. These alternative processes, known as Alternative Dispute Resolution or ADR, are typically less formal and adversarial than a trial, and many use a problem-solving approach to help the parties reach an agreement. Because of these potential advantages, it is worth considering using ADR early in a lawsuit, or even before you file a lawsuit. Note: ADR only pertains to Unlimited Civil cases. The first step in the ADR process is to engage in public hearings between the parties and the Court, usually taken in an office setting, designed to monitor the status of a case in order to ensure adequate progress is being made by all parties. This step is called the Case Management Conference. For more information regarding ADR, please read the following guides FORMS AND INFORMATION The Superior Court of California, County of Merce,d provides the following useful information and forms to assist you in deciding on participation in ADR: ADR Stipulation EMP Statement of Settlement Status Form Early Mediation Opt-Out Form ADR Neutral Panel Application ADR Neutral Survey For More Information About ADR: Superior Court of California, County of Merced ADR Office Tel: (209) 725-4145 California Department of Consumer Affairs, Consumer Information Center Tel: (800) 952-5210 Merced County Bar Association Tel: (209) 722-8129 Case Management Conference Policy and Information Introduction Welcome to Merced Superior Court's Case Management Conference (or “CMC”) Program. CMCs are public hearings between the parties and the Court, usually taken in an office setting, designed to monitor the status of a case in order to ensure adequate progress is being made by all parties. Generally, parties at CMCs report on whether all Complaints and Answers have been filed, the status of discovery, including written discovery requests and depositions, and the possibility of the parties engaging in Alternative Dispute Resolution (“ADR”) procedures such as arbitration, mediation or neutral case evaluation. The final purpose of a CMC is to determine the parties’ readiness for trial and to assign reasonable mandatory settlement conference and trial dates. After each CMC hearing, the Court issues and serves on all parties a CMC Findings & Order (“CMC F&O”) reflecting the findings made at the CMC and any instructions on how the parties are to proceed. The information being provided here is designed to take you through the CMC process and answer the most commonly asked questions. This information is broken down into logical steps, namely, what you generally need to know and do (1) before the CMC, (2) at the CMC, and (3) after you achieve resolution of your case. Additional information is available from the California Rules of Court, the California Code of Civil Procedure, and the Merced Superior Court's Local Rules. Before the CMC Plaintiff is to serve the Complaint within 60 days per California Rules of Court, Rule 3.110, and bring the case at issue (Complaint answered) thereafter, absent the filing of a Demurrer. Extensions to respond to the Complaint may only extend 15 days beyond the 30 days allotted without leave of Court; open-ended extensions are not valid. Before the first CMC, Parties are obliged to Meet and Confer, file and serve a CMC Statement, and participate in the Court’s Early Mediation Program. Early Mediation Program All Unlimited Civil cases are assigned to the Court’s Early Mediation Program (“EMP”). As part of their duties to meet and confer, parties are to review the Court’s Alternative Dispute Resolution (“ADR”) Information Guide and discuss what types of ADR procedures, in addition to or in place of Early Mediation, appear beneficial to achieving resolution. To that end, attorneys are to obtain their client’s consent to any ADR procedures contemplated before the hearing on the CMC. Where a case appears amenable to Judicial Arbitration and the parties: (1) opt out of Early Mediation, and (2) do not stipulate to another form of ADR, the case will generally be ordered to Judicial Arbitration within 60 days (or within 90 days, if good cause is shown). Parties are to comply with all assigned and/or stipulated ADR completion dates. When a case is to undertake Early Mediation, Plaintiff collects the $300 EMP fee, submits it to the Civil Clerk’s Office, and the parties then select a Mediator from the Court’s ADR Neutral Panel, listed on this page. Early Mediation must be completed before the first CMC, unless an Opt-Out Form is filed within the first 120 days the Complaint has been pending. Further details on the Court’s EMP may be found in the ADR Guide, also available on the Court’s website. Parties’ Meet and Confer At least 30 days prior to the CMC, parties are to meet and confer per Cal. Rules of Court, Rule 3.724, and discuss: Discovery disputes/schedules Facts and issues that are uncontested and those in dispute Motions pending or anticipated Settlement of the case Trial scheduling CMC Statement No later than 15 days before the CMC, parties are to COMPLETELY fill out and file a CMC Statement (Form CM-110) available online at California Courts - Home | Judicial Branch of California. The CMC Statement must also be served on all parties. Case Designation and Status Commensurate with the Trial Court Delay Reduction Act, cases are automatically presumed to be Category I type cases (12 month duration). Upon an appropriate showing at the CMC Hearing, cases may be designated Category II (18-month duration) or Category III (24 month duration). Trial dates will be set accordingly absent any stays or other constraints. PARTIES ARE TO TAKE EVERY REASONABLE EFFORT TO ENSURE THEIR CASE IS “AT ISSUE” BY THE FIRST CMC HEARING, WHICH IS SET APPROXIMATELY 150 DAYS FROM THE FILING OF THE ORIGINAL COMPLAINT. “AT ISSUE” MEANS THAT THE COMPLAINT HAS BEEN PROPERLY SERVED ON ALL DEFENDANTS, ALL PROOFS OF SERVICE HAVE BEEN FILED WITH THE COURT, AND EACH DEFENDANT HAS FILED A RESPONSIVE PLEADING (e.g. AN ANSWER OR DEMURRER). FAILURE TO BRING A CASE AT ISSUE BY THE FIRST CMC MAY RESULT IN THE CASE BEING REFERRED FOR AN ORDER TO SHOW CAUSE (“OSC”) RE DISMISSAL AS TO ANY UNSERVED PARTIES. Appearing At The CMC All Parties must appear at scheduled CMC hearings (either telephonically or in person). Only trial counsel or counsel thoroughly prepared to discuss the case and authorized to commit to discovery, ADR and trial issues should appear at CMC hearings. FAILURE TO APPEAR AT A SCHEDULED CMC HEARING MAY RESULT IN WAIVER OF A PARTY’S RIGHTS (such as the right to a jury trial), SANCTIONS, AND POSSIBLE DISMISSAL OF THE ENTIRE ACTION. Appearing in Person Parties may appear in person for Case Management Conferences by reporting to Courtroom 8 at 627 W. 21st Street, Merced, CA 95340. All CMC's are scheduled on Thursdays at 9:30 am. Appearing by Telephone Parties are also welcome to appear telephonically by complying with Cal. Rules of Court, Rule 3.670, Merced Superior Court Local Rules, Rule 4, and by making timely arrangements with CourtCall, LLC. CourtCall, LLC may be reached at: (888) 882-6878. Parties may give notice of their intent to appear by telephone by indicating “TELEPHONIC APPEARANCE REQUESTED” on their CMC Statements filed at least 15 days before the CMC, or by independently filing with the Court a Request for Telephonic Appearance, NOT LESS THAN THREE (3) COURT DAYS, before the Case Management Conference. The initial Notice of Telephonic Appearance will be deemed valid as to any continued CMC Hearings scheduled thereafter. Parties are to inform CourtCall of the specific Judge, Commissioner, or Temporary Judge assigned to hear the CMCs in your case. All parties dialing into courtcall will be placed on hold and connected to the courtroom once the case is called for hearing. Consolidated Matters Once a case is ordered consolidated by the trial court, Parties are relieved from appearing at scheduled CMC hearings in non-lead matters. All further CMCs in non-lead matters are taken off calendar automatically by the Court. Assignment of Temporary Judge CMCs are typically heard by Temporary Judges who are qualified members of the California State Bar. Pursuant to Cal. Rules of Court, Rule 2.816, all parties have the right to have their CMCs heard by a Judge or Commissioner, if requested. Unless one or more of the parties make their request for a Judge or Commissioner known at the time of the hearing or before, THE CMC WILL LIKELY BE HEARD BY A TEMPORARY JUDGE. Rescheduling A CMC Rescheduling CMCs is generally disfavored because: Parties and Counsel may conveniently appear telephonically and make any needed request at that time; Continued CMCs are generally scheduled with the Party’s and Counsel's availability in mind; and Rescheduling a CMC may benefit one party, but can be detrimental to other parties, and therefore requires proper notice and/or a stipulation. In no case will CMCs be rescheduled based on the written or telephonic request from a single party. PARTIES ARE NOT TO MAKE SUCH EX PARTE REQUESTS. Parties desiring to reschedule a CMC, notwithstanding the above, are to either: File and serve a stipulation executed by all parties and appear ex parte in the trial court; or File a fully-noticed motion with the trial court requesting that the CMC be rescheduled. Reporting Settlement A continued CMC will be ordered up and until a matter is finally disposed of by dismissal of the entire action or by entry of final judgment as to all parties (including Doe Defendants). Even where cases are near resolution, a further, continued CMC is generally ordered to make certain final disposition of the matter is properly undertaken. Appearing at the continued CMC is important because, (1) initial settlement accords do not always result in final disposition of the matter, and (2) after achieving resolution, the parties may fail to file the required papers to confirm final disposition of the matter. Accordingly, the mere reporting of a settlement is not sufficient to take a CMC off calendar. However, where the Parties, at least five (5) Court days before a scheduled CMC, file an Unconditional Notice of Settlement per Cal. Rules of Court, Rule 3.1385, requiring dismissal of the entire action within 45 days, the Court will automatically continue the CMC on its own motion, without the need for the Parties to appear, to a date after the 45-day period. Failure to have disposed of the entire matter by the time required will result in the matter being set for an Order to Show Cause re Dismissal, given the mandatory language of Cal. Rules of Court, Rule 3.1385. Any other filing indicating settlement requires the appearance of the Parties at any previously scheduled CMC. Alternative Dispute Resolution (ADR) Information Guide Adapted by permission from the Administrative Office of the Courts’ publication: “Alternative Dispute Resolution, Options for Resolving Your Dispute.” There are Alternatives to Going to Trial Did you know that most of all civil cases filed in court are resolved without going to trial? Many people use processes other than trial to resolve their disputes. These alternative processes, known as Alternative Dispute Resolution or ADR, are typically less formal and adversarial than a trial, and many use a problem-solving approach to help the parties reach an agreement. Because of these potential advantages, it is worth considering using ADR early in a lawsuit, or even before you file a lawsuit. Potential Advantages of ADR Here are some potential advantages of using ADR: Saves Time and Money: A dispute often can be settled or resolved much sooner with ADR, allowing parties to save money on attorney fees, court costs, and experts’ fees. An ADR fee of $300 to be shared by the Parties is charged by the Court for its Judicial Arbitration and Early Mediation Programs – this fee is not waived in cases involving successful Fee Waiver Applications. Increases Control Over the Process and the Outcome: In ADR, parties typically play a greater role in shaping both the process and its outcome. In ADR, parties have the opportunity to tell their side of the story just as they do at trial. Some ADR processes, such as mediation, allow the parties to fashion creative resolutions that may not be available in a trial. Other ADR processes, such as arbitration, allow the parties to choose a qualified person or expert in a particular field to decide the dispute. Preserves Ongoing Relationships: ADR can be a less adversarial way to resolve a dispute. For example, an experienced mediator can help the parties effectively communicate their needs and point of view to the other side. This can be an important advantage where the parties have a relationship to preserve. For example, in cases involving business partners, family members, or customer-vendor relationships. Increases Satisfaction: In a trial, there is typically a winner and a loser. ADR can help the parties find win-win solutions and achieve their respective goals. This, along with other potential advantages of ADR, may increase the parties’ overall satisfaction with both the dispute resolution process and the outcome. Fosters Attorney-Client Relationships: Parties and Attorneys may also benefit from ADR by exploring their roles as problem-solvers and counselors rather than merely acting as adversaries. Quick, cost-effective, and satisfying resolutions are likely to produce happier parties and stronger relationships with their attorneys. What are the ADR Options? The most commonly used ADR processes are Mediation, Arbitration, Neutral Case Evaluation, and Settlement Conferences. Private Mediation In mediation, an impartial person called a “mediator” helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the dispute but remains helps the parties communicate so they can settle the dispute themselves. Mediation leaves control of the outcome with the parties. Cases for Which Mediation May Be Appropriate: Mediation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbors, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can listen to the parties and help them communicate in an effective and non-confrontational manner. Private Arbitration In arbitration, a neutral person called an “arbitrator” hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is typically less formal than a trial, and the rules of evidence may be relaxed. Arbitration may be either “binding” or “non-binding.” Binding arbitration means that the parties waive their right to a trial and agree to accept the arbitrator’s decision as final. Non-binding arbitration means that the parties are free to request a trial if they reject the arbitrator’s decision. Arbitrations may be structured to set maximum and minimum awards, known as “High-Low Arbitrations”. This allows the plaintiff to have a guaranteed minimum recovery and the defendant to rely on a guaranteed absolute maximum exposure, regardless of how the arbitration unfolds. Cases for Which Arbitration May Be Appropriate: Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker who has training or experience in the subject matter of the dispute. Neutral Case Evaluation In Neutral Case Evaluation, each party gets a chance to present the case to a neutral person called an “evaluator.” The evaluator then gives an opinion on the strengths and weaknesses of each party’s evidence and arguments, and about how the dispute could be resolved. Although the evaluator’s opinion is not binding, the [M-ADR1] [Rev. 03/08] MERCED SUPERIOR COURT ADR INFORMATION GUIDE Page 4 of 5 parties typically use it as a basis for trying to negotiate a resolution of the dispute. Even if not successful in resolving the case, Neutral Case Evaluation can lead to the use of other ADR procedures, such as arbitration or mediation, especially when undertaken early in the litigation. Cases for Which Neutral Case Evaluation May Be Appropriate: Neutral Case Evaluation is appropriate for most cases, and may be most useful in cases that involve technical issues that require special expertise to resolve, or in cases where the only significant issue is the amount of damages. Settlement Conferences In Settlement Conferences, the parties and their attorneys meet with the judge or a neutral person called a “settlement officer” to discuss possible settlement of their dispute. The judge or settlement officer does not make a decision in the case but assists the parties in evaluating the strengths and weaknesses of the case and in negotiating a settlement. Settlement Conferences are appropriate in any case where settlement is an option. Mandatory Settlement Conferences, ordered by the Court, are often held near the date a case is set for trial. ADR Programs Offered by Merced Superior Court Merced Superior Court provides two forms of ADR programs through its Early Mediation Program (EMP) and its Judicial Arbitration Program, described below. Merced Superior Court’s Early Mediation Program (EMP) Civil unlimited cases are generally assigned to the Early Mediation Program. Merced Superior Court provides parties with an opportunity to mediate cases before extensive fees and costs are spent (see “Private Mediation” below for a description of how Mediation works). The EMP allows parties the opportunity to obtain the services of a mediator for only a $300 fee, to be shared by the parties. Because the parties have not generally committed extensive resources and time to a case at this early stage, resolution can be achieved at a lower cost and possibly with more satisfying results. Early Mediation Program Forms are available on the Court's ADR page. Here’s how the EMP works: Civil Unlimited Cases are generally assigned to the Early Mediation Program, unless an opt-out form is filed by any party within 120 days from the filing of the Complaint. Timely service of the Complaint (within 60 days of filing) is essential to comply with the Early Mediation Program requirements. The $300 EMP fee must be paid to the Civil Clerk’s Office within 120 days of filing the lawsuit, and the Parties are to schedule Early Mediation before the first CMC (set approximately 150 days from the filing of the Complaint). Plaintiff is to collect the EMP fee, to be shared equally by the Parties or as the Parties agree, and timely submit the entire amount to the Civil Clerk’s Office. Parties then select a Mediator from Merced Superior Court’s ADR Neutral List available on the Court’s website. Parties must notify the ADR Office immediately if a mediator cannot be agreed upon. The ADR Office will then provide the parties with a mediator short list where each party may de-select a mediator and report back to the ADR Coordinator within 5 days. In preparation for the Early Mediation, Parties are to draft a Mediation Statement of no more than 5 pages outlining the Party’s position, including agreed to and disputed facts. The Mediation Statement is to be sent to the mediator one (1) week before the Early Mediation (do not file with the Court). After the Early Mediation, Parties are to fill out a confidential Mediation Survey and send it to the ADR Office of the Court. Merced Superior Court’s Judicial Arbitration Program Merced Superior Court provides parties with an opportunity to arbitrate their cases for a $300 fee before extensive fees and costs are spent. This program is generally ordered in cases where the amount in controversy is equal to or less than $50,000. The Parties may agree to waive this cap and allow the possibility of a larger award. The Parties may also agree to make the Arbitration Award binding, thereby eliminating the need of further litigation. Otherwise, after Judicial Arbitration, the Parties receive an Award that they may accept or reject. Serving the ADR Information Packet The ADR Information Packet, which is provided to all Plaintiffs initiating a lawsuit, consists of: The ADR Information Guide The ADR Stipulation Form The Plaintiff must serve a copy of the ADR Packet on each Defendant with the Complaint. Cross-Complainants must serve a copy of the ADR Packet on all new Cross-Defendants with the Cross-Complaint. The ADR Information Packet is available in the Civil Clerk’s Office or online at the Court's ADR page. Who You Can Call For additional information, please contact the following: State Bar of California, (415) 538-2000 Calif. Dept. of Consumer Affairs, Consumer Info. Center, (800) 952-5210 Merced Superior Court, ADR Office, (209) 725-4249 Merced County Bar Association, (209) 722-8129 California Courts Self Help Information online The Superior Court of California, County of Merced, offers a Judicial Arbitration Program and now, an Early Mediation Program, for its Civil Unlimited cases. These Programs depend largely on community members serving as arbitrators and mediators on the court’s ADR Neutral Panel. The Court greatly appreciates the services of these individuals and actively recruits new members to the Panel. If you or someone you know is interested in becoming a member of the court’s Panel, please fill out an application and submit it to the court’s ADR office. If selected to the panel, the information provided on the application will be made available to the public on the court's website. Below is a list of ADR neutrals available for Merced Superior Court's ADR Programs. ADR Neutral List List of ADR neutrals available for Merced Superior Court's ADR Programs. ADR Neutral Biographies LEGEND: “Areas of Practice” is not meant as a limitation, but rather, to highlight key areas of practice. “Date Admitted” refers to the date the attorney was admitted to the California Bar. “Languages Avail.” refers to languages known to the attorney or known to at least one member of the attorney’s generally available staff. “ADA Facilities” refers to whether the Attorney’s office accommodates disabled patrons. Alonso, George Arbitrator Firm: Alonso Law Firm Address: 1777 G Street, Suite #9 Merced, CA 95340 Telephone: (209) 384-0359 Website: Areas of Practice: Personal Injury; Criminal; Civil Litigation; Family Law Date Admitted: 1982 Languages Avail.: Spanish ADA Facilities Beaver, Lawrence C. Arbitrator / Mediator Firm: Law Office of Lawrence C. Beaver Address: 1309 “I” Street Modesto, CA 95354 Telephone: (209) 524-5145 E-Mail: lbc-2@sbcglobal.net Website: Areas of Practice: Trans. Real Estate; Probate Conservatorship; Trust Litigation Date Admitted: 1978 Languages Avail.: Spanish / Sign ADA Facilities: Yes Browning, Corbett J. Arbitrator Firm: Robbins, Browning et al. Address: 700 Loughborough Dr., Suite D Merced, CA 95348 Telephone: (209) 383-9334 E-Mail: cjb@rbgmlaw.com Website: Areas of Practice: Civil Litigation; Employment; Construction Date Admitted: 1989 Languages Avail.: ADA Facilities: Yes Brunn, Gerald E. Arbitrator / Mediator Firm: Brunn & Flynn, Inc. Address: 928 12th Street, Suite 200 Modesto, CA 95353 Telephone: (209) 521-2133 E-Mail: gbrunn@brunn-flynn.com Website: Areas of Practice: Civil Trials; Construction; Employment/ Labor; Personal Injury; Wrongful Death Date Admitted: 1982 Languages Avail.: English ADA Facilities: Yes Castleton, Aaron Mediator Firm: Castleton Law Firm Address: 530 West 21st Street, Suite B Merced, CA 95340 Telephone: (209) 580-4685 E-Mail: info@castletonlawfirm.com Website: www.castletonlawfirm.com Areas of Practice: General Civil Date Admitted: 2010 Languages Avail.: Spanish, Portuguese ADA Facilities: Yes Cook, Russell D. Mediator Firm: Law Office of Russell D. Cook Address: 1233 W. Shaw Ave., Suite 100 Fresno, CA 93711 Telephone: (559) 225-2510 E-Mail: rdcook@rdcooklaw.com Website: https://rdcooklaw.com Areas of Practice: Construction; Real Estate; Personal Injury; Professional Malpractice Date Admitted: 1980 Languages Avail.: English ADA Facilities: Yes Franciosa, Joel P. Arbitrator/ Mediator Firm: Law Office of Joel P. Franciosa Address: 1169 Trestle Glen Road Oakland, CA 94610 Telephone: (510) 272-5103 E-Mail: joel@jpfmediation.com Website: Areas of Practice: Personal Inj.; Employment; Business; Contract; Construction; Malpractice; Neighbor Disputes Date Admitted: 1993 Languages Avail.: English ADA Facilities: No Galvan, Mark Mediator Firm: Central California Mediation Address: 1917 Fox Glen Drive Hughson, CA 95326 Telephone: (209) 380-0550 E-Mail: galvan.mark@gmail.com Areas of Practice: Conflict Resolution; Mediation; Group; Facilitation Date Admitted: N/A Languages Avail.: English ADA Facilities: Yes Germino, Donald B. Arbitrator Firm: Germino, Amaral & Jordan Address: 303 “I” Street Los Banos, CA 93635 Telephone: (209) 826-5024 Website: Areas of Practice: Business; Probate; Estate Planning; General Litigation Date Admitted: 1965 Languages Avail.: ADA Facilities: Gwin, Jr., Melbourne N. Arbitrator/Mediator Firm: Address: 166 E. Donna Drive Merced, CA 95340 Telephone: (209) 383-6315 E-Mail: disso2@aol.com Website: Areas of Practice: Family Law; Personal Injury; Civil Date Admitted: 1977 Languages Avail.: Spanish ADA Facilities: Yes Haden, Robert T. Arbitrator Firm: Robert T. Haden Address: 2241 “N” Street Merced, CA 95340-3614 Telephone: (209) 723-3247 E-Mail: rhaden@hadenlaw.comcastbiz.net Website: Areas of Practice: Civil; Litigation; Real Estate; Estate Planning; Probate Date Admitted: 1980 Languages Avail.: Spanish ADA Facilities: Yes Hawkins, Matthew K. Arbitrator / Mediator Firm: McCormick, Barstow, et al. Address: 1125 “I” Street, Ste. 1 Modesto, CA 95354 Telephone: (209) 524-1100 E-Mail: mhawkins@mccormickbarstow.com Website: Areas of Practice: Litigation; Malpractice; Employment; Commercial Personal Injury Date Admitted: 1987 Languages Avail.: Spanish ADA Facilities: Yes Hildreth, Jim W. Mediator Firm: Real Estate Mediation Services Address: 79 N. Washington St. Sonora, CA 95370 Telephone: (209) 536-1103 E-Mail: jimhildreth@realestatemediation.org Website: http://www.RealEstateMediation.org Areas of Practice: Real Estate; Neighbor Disputes; Landlord/Tenant Date Admitted: N/A Languages Avail.: ADA Facilities: Yes Horowitt, Darryl J. Arbitrator / Mediator Firm: Coleman & Horowitt, LLP Address: 499 W. Shaw Ave., Ste 116 Fresno, CA 93704 Telephone: (559) 248-4820 (800) 891-8362 E-Mail: DHorowitt@ch-law.com Website: www.ch-law.com Areas of Practice: Business Litigation; Commerical Lit.; Real Estate Lit.; Construction Lit.; Tort Defense Date Admitted: 1981 Languages Avail.: Spanish ADA Facilities: Yes Johnson, Edward J. Mediator Firm: Edward J. Johnson Address: 5622 Heddon Court Mariposa, CA 95338 Telephone: (559) 760-7659 E-Mail: edjohnson@sti.net Website: Areas of Practice: Land Use; Environmental Boundaries & Assessments; Eminent Domain Date Admitted: 2004 Languages Avail.: ADA Facilities: No Johnson, Thomas A. Arbitrator Firm: Thoamas A. Johnson Address: 14019 Stanton Circle Sonora, CA 95370 Telephone: (209) 588-2515 E-Mail: johnsont@yosemite.edu Website: Areas of Practice: Civil Lit.; Personal Injury; Wrongful Death; Uninsured Motorist; Medical Malpractice; Employment Date Admitted: 1985 Languages Avail.: English ADA Facilities: Yes Lally, J. Robert Arbitrator Firm: Address: P.O. Box 311 Mokelumne Hill, CA 95245 Telephone: (209) 257-4480 E-Mail: lallylaw@lallylawgroup.com Website: Areas of Practice: Personal Injury Date Admitted: 1985 Languages Avail.: ADA Facilities: Lawrence, Cyril Arbitrator Firm: Cyril Lawrence Inc. Address: 2111 “K” Street Merced, CA 95340 Telephone: (209) 383-6854 E-Mail: lawoffice@cyrillawrence.com Website: Areas of Practice: Business; Real Estate; Taxation; Estate Planning Date Admitted: 1972 Languages Avail.: French / German ADA Facilities: Yes Little, Kevin G. Mediator Firm: Law Office of Kevin G. Little Address: 1225 E. Divisadero Street Fresno, CA 93721 Telephone: (559) 342-5800 E-Mail: kevin@kevinlittle.com Website: Areas of Practice: Personal Injury; Employment; Medical Malpractice; Business Litigation; Civil Rights Date Admitted: 1990 Languages Avail.: ADA Facilities: Mattos Jr., Weldon J. Arbitrator / Mediator Firm: Law Office of Weldon J. Mattos Address: P.O. Box 530 Snelling, CA 95369 Telephone: (209) 761-3001 E-Mail: wjm@mattoslawoffice.com Website: Areas of Practice: Personal Injury; General Business Litigation Date Admitted: 1973 Languages Avail.: Spanish ADA Facilities: Yes Morse, Brian D. Arbitrator Firm: Morse, Morse & Morse Address: 760 W. 20th Street Merced, CA 95340 Telephone: (209) 383-0132 Website: Areas of Practice: Civil Litigation; Business Litigation; Personal Injury Date Admitted: 1977 Languages Avail.: English ADA Facilities: No Stewart, Adam J. Arbitrator Firm: Moorad, Clark & Stewart Address: 1420 “F” Street, Floor 2 Modesto, CA 95354 Telephone: (209) 526-0522 E-Mail: adam@mooradclarkstewart.com Website: Areas of Practice: Personal Injury; Business Workers Comp.; Estate Date Admitted: 1993 Languages Avail.: Spanish ADA Facilities: Yes Swanson, Mark Arbitrator Firm: Law Office of Mark W. Swanson Address: 2618 “J” Street Sacramento, CA 95816 Telephone: (916) 448-8871 E-Mail: mwswanson@aol.com Website: Areas of Practice: Personal Injury Date Admitted: 1985 Languages Avail.: ADA Facilities: Walker, David B. Arbitrator / Mediator Firm: Damrell, Nelson, et al. Address: 1601 “I” St., 5th Floor Modesto, CA 95354 Telephone: (209) 526-3500 E-Mail: dwalker@damrell.com Website: Areas of Practice: Litigation; Personal Injury; Business Torts; Employment Law Date Admitted: 1979 Languages Avail.: Spanish ADA Facilities: Yes Wallace, Rickey D. Arbitrator / Mediator Firm: Canelo, Wallace, Padron & Mackie Address: 548 W. 21st Street Merced, CA 95344-0165 Telephone: (209) 383-0720 E-Mail: rickey_wallace@hotmail.com Website: Areas of Practice: Personal Injury; Business Litigation; Mediation (Private) Date Admitted: 1977 Languages Avail.: Spanish ADA Facilities: Yes Whitehurst, Al. Arbitrator Firm: Linneman Law, LLP Address: 654 “K” Street Los Banos, CA 93635 Telephone: (209) 826-4911 E-Mail: alwhitehurst@linnemanlaw.com Website: Areas of Practice: General Civil; Personal Injury; Trans. Practice Date Admitted: 1984 Languages Avail.: English ADA Facilities: Ye
Alternative Dispute Resolution (ADR) Did you know that most of all civil cases filed in court are resolved without going to trial? Many people use processes other than trial to resolve their disputes. These alternative processes, known as Alternative Dispute Resolution or ADR, are typically less formal and adversarial than a trial, and many use a problem-solving approach to help the parties reach
Reviewer note: Composed 2026-10-15 (California T4 Merced build 2026-10-15) from BenchPath custody ca/t4/ca-merced/pages/online-services__alternative-dispute-resolution-adr.html (the page as fetched 2026-10-15; 664560 bytes, sha256 3da3e4de3cd90998dfe6cfd84869aa97a06187d0967520610af869a63cd72ef8) with the Orange HTML composer (compose-site.py, the Judicial Council theme's area): the article's content sections (section.jcc-section), news bodies (div.jcc-news-full) and title banners (div.jcc-hero; the first banner's heading, the page title, is chrome) - the site header, menus, breadcrumb and footer lie outside them; each block starts a line and each table cell is set on its own line; chrome removed: 1 item (the page title, “Alternative Dispute Resolution (ADR)”); proof (the multiset of non-space characters equals the containers' text less chrome and scripts) passes. Review note: The page invites telephone appearances at case management conferences “by complying with Cal. Rules of Court, Rule 3.670, Merced Superior Court Local Rules, Rule 4, and by making timely arrangements with CourtCall, LLC”; Local Rule 4 (carded with Rules 3 to 4.1) is Civil Jury Trials, and Rule 2.2 (carded with Rules 2 to 2.6) supersedes all other directives on remote appearances and names one platform, Zoom, at no cost - the book's Summary of Changes records CourtCall's removal from Rule 2.2. The review task asks the court how case management conference appearances are made remotely. The page's ADR Neutral List carries each neutral's biography; the summary names none.
1 verbatim mandatory provision from 13-16-s.
2 verbatim mandatory provisions from 15-41-s.
43 verbatim mandatory provisions from 07-33-s.