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How many times in a civil case have you reached the discovery deadline and wished you had another two weeks to finish your work? The same sense of panic occurs when it is almost time to appoint your expert witnesses. This can also happen when you are on the eve of a scheduled mediation. The solution: start your job well in advance to avoid fear of civil procedure deadlines.
Evaluate your ADR options
When a new file arrives at the office, the handling attorney must determine if the ADR is appropriate. Although many attorneys go into automatic discovery mode, ADR consideration should never be overlooked. There is no reason to wait for the Case Management Conference to decide the appropriate ADR. Santa Barbara Superior Court’s CADRe (Court Administered Dispute Resolution) program allows attorneys to be proactive early on and bring a case to ADR.
The CADRe office has a panel of potential mediators for both limited cases (less than $ 50,000.00) and unlimited (in excess of $ 50,000.00). Currently, there are more than 25 mediators for limited cases and almost 50 for unlimited cases. When discussing ADR with your adversary, if you discover that you are unfamiliar with the CADRe program; the website will educate them quickly. It allows those who have no experience with the CADRe program to view all panelists, including biographical information and fees.
The attorney also has the right to select a mediator outside of the CADRe panel for a Santa Barbara Superior Court case. Once the attorney has made the decision to pursue ADR, a stipulation must be filed immediately to get the case off the court’s “radar screen.” Indeed, there is no reason to wait for a case management conference to determine whether ADR is appropriate. The evaluation of ADR options should be done in advance to avoid unnecessary costs and expenses.
Gathering information about a new file
Many offices use templates to present the law firm to the client. The first contacts with the new client will show the amount of work required to keep the case active and up-to-date. A cooperative client provides accurate and complete information and, at times through fault, communicates with the attorney in charge too often regarding status. On the other hand, the uncooperative customer, who never returns phone calls, never returns mail, and never makes himself available for scheduling, should receive additional attention so that deadlines are not missed.
One method of monitoring the customer in gathering information is to present the initial contact letter with a questionnaire based on the potential discovery. Sending a client a multi-page questionnaire designed based on Judicial Council interrogations and common CCP 2031 document demands can speed up the preparation of future discoveries. Another method to expedite discovery is to allow voluntary release of records in lieu of subpoenas. Disclosure can be specially tailored to the facts of the case in order to maintain privacy and relevance.
Litigants must expect the client to be uncooperative and err on the side that the client will be difficult. This will make receiving information from a cooperative customer that much more rewarding. Custom Office templates for future discoveries and the use of voluntary log posts will save countless hours of work. This will help keep the case in position for ADR.
Law & Motion and ADR
In each and every case, there is always the decision whether to use the law and the motion of discovery or device. Certainly the advantages are that you seek the relief of the court to obtain compliance or to decide a case in your favor. The downsides are that these motions can set the stage for your case to turn into a dogfight and defeat any initial intent to pursue ADR. There are alternatives to this wrestling match.
Currently, in the Ventura County Mediation program, if the parties choose Mediation, the short remains all discovery except as permitted under CCP §94 (Economic Litigation). The Ventura court expects the parties to complete the Mediation within 150 days. If the case is not resolved, the court grants the parties an additional discovery beyond the limit of section 94 of the CCP. It is often difficult to get the same cooperation from your adversary. However, it should always be proposed to place limited discovery in a mediation or arbitration stipulation. You have the benefit of controlling costs, expenses and preparation time for ADR.
If discovery or device motions are necessary, do not bypass the procedural requirements in an effort to seek redress. In motions to impose sanctions, the notice will sometimes lack the sanctions requested or will not instruct the court as to who should be sanctioned. In operative motions, litigants often fail to present adequate evidence or neglect essential plea procedures that result in a judicial denial. The end result is that the attempt to gain advantage by the law and the motion turns out to be a costly and costly endeavor that forces the parties to move further away from the ADR agreement.
Conclution
Once the case is open or new to the office, the handling attorneys must carefully consider all ADR options. Don’t wait for a case management conference to be assigned to ADR. The CADRe program allows you to take initiative. Custom office templates can speed up information gathering. Limiting discovery through a stipulation can control costs and expenses. Finally, discretion should always be used with law and motion to prevent a case from being counterproductive if you really want to resolve it with ADR.