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Chapter 6 (Settlement Conferences; rules 601–621): the court's adoption of California Rules of Court, Rule 3.1380 for mediations and mandatory settlement conferences (Rule 601); the persons whose presence is required (Rule 611); failure to attend or be prepared (Rule 615); continuances; notice of settlement (Rule 617); arbitration (Rule 620); and complaints against mediators (Rule 621).
California > Fourth Appellate District > San Bernardino County > Superior Court of California, County of San Bernardino
CHAPTER 6 SETTLEMENT CONFERENCES RULE 601 MEDIATION/MANDATORY SETTLEMENT CONFERENCES The Court adopts California Rules of Court, Rule 3.1380, with respect to Mediations and Mandatory Settlement Conferences. (Eff. January 1, 2017.) RULE 611 PERSONS WHOSE PRESENCE IS REQUIRED Trial counsel, parties, and persons with full authority to settle the case must attend the settlement conference unless excused by the court for good cause. In malpractice cases, where a doctor or a hospital’s consent to settlement is required, those parties must either be present or must give the insurance company express consent to settle. (Former Rule 641, eff. Jan. 1, 1989. Renumbered as Rule 611 and amended, eff, July 1, 1998. Amended, eff. July 1, 2002. As amended, eff. January 1, 2017.) RULE 615 FAILURE TO ATTEND OR BE PREPARED Unexcused absence from the conference may result in sanctions, and/or striking of pleadings, and/or default proceedings, and/or dismissal of the case. Failure to be prepared may also result in sanctions. (Former Rule 614, renumbered to Rule 615, eff. January 1, 1999. Amended, eff. July 1, 2002.) RULE 616 CONTINUANCES Continuances or a request for a further conference on a continued date may be granted or denied within the discretion of the particular Settlement Conference Judge (Former Rule 615, renumbered to Rule 616, eff. January 1, 1999. As amended, eff. July 1, 2017.) RULE 617 NOTICE OF SETTLEMENT Counsel is charged with the responsibility of notifying the Court of any settlement made in the case. This may be telephonic or written. If an entire case is settled, the Court at the Settlement Conference shall set an OSC Re Dismissal hearing no earlier than 46 days away. If a Notice of Unconditional or Conditional Settlement is filed, the Court adopts the procedures provided in California Rules of Court, Rules of Court Rule 3.1385. The timely filing of a Request for Dismissal will vacate the hearing. (Former Rule 616, renumbered to Rule 617, eff. January 1, 1999. As amended, eff. January 1, 2017.) RULE 620 ARBITRATION The Court complies with California Rules of Court, Rules 3.800 et seq., and encourages the use of alternate dispute resolution, including arbitration in accordance with the California Rules of Court. The Court can also arrange private arbitration or determination or other alternate dispute resolution processes through retired Judges. (Former Rule 650, eff. Jan. 1, 1989. Renumbered as Rule 620, eff. July 1, 1998. Amended, eff. July 1, 2002, and July 1, 2004. As amended, eff. January 1, 2017.) RULE 621 ALTERNATE DISPUTE RESOLUTION PROCEDURES All complaints against mediators selected pursuant to California Rules of Court, rule 3.865 et seq. must be made in writing to the ADR Complaint Coordinator. Upon receipt of a written complaint, the ADR Complaint Coordinator shall send the complainant a written acknowledgment that the Court has received the complaint and make a preliminary review of the complaint and determine the appropriate action required. A Complaint Investigator appointed by the Presiding Judge shall investigate any complaint not resolved in the preliminary review process and provide recommendations to the Presiding Judge or designee who shall determine the appropriate resolution. (Eff. January 1, 2011. As amended, eff. January 1, 2017.)
CHAPTER 6 SETTLEMENT CONFERENCES RULE 601 MEDIATION/MANDATORY SETTLEMENT CONFERENCES The Court adopts California Rules of Court, Rule 3.1380, with respect to Mediations and Mandatory Settlement Conferences. (Eff. January 1, 2017.) RULE 611 PERSONS WHOSE PRESENCE IS REQUIRED Trial counsel, parties, and persons with full authority to settle the case must attend the settlement conference unless excus
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1 verbatim mandatory provision from 13-16-s.
2 verbatim mandatory provisions from 15-41-s.
43 verbatim mandatory provisions from 07-33-s.