| While the current version of the Ventura Voluntary | | | | quarter. All mediations in this program shall be least 3 |
| Early Civil Mediation Program is relatively new, ADR | | | | hours long. Thereafter, the pro bono or party pay |
| options became available in Ventura in the late | | | | mediator is allowed to make fee arrangements with |
| 1980's. The initial ADR program, which carried on | | | | the parties. Additionally, the parties who “opt-in” |
| through the 1990's, was intended to implement what is | | | | may also select a mediator from outside the court |
| commonly known as a “multi-door” concept for | | | | panels. However, the parties are still required to pay |
| pursuing litigation. Cases were referred to arbitration | | | | for a mediator from outside the court panels and there |
| by court order using panelists from the Ventura local | | | | is no hourly fee limit imposed. |
| bar, and early settlement sessions were also | | | | It is imperative that parties promptly choose their |
| calendared. Mediation was often times initiated by | | | | mediator. Specifically, parties must report their |
| party election using mediators from the private sector | | | | mediator selection using the Voluntary Early Civil |
| or court panels. This system remained in effect for | | | | Report (VN-184) no more than 25 days after filing the |
| many years until changes to the local rules were | | | | Voluntary Early Civil Mediation Program Questionnaire |
| initiated a few years ago. The current Ventura | | | | (VN-183). Failing to file the Voluntary Early Civil |
| Voluntary Early Civil Mediation Program has been | | | | Report can void participation in the program. Where |
| successful in achieving case resolution. | | | | the parties have participated in the program, however, |
| The “Opt-In” Program | | | | and the case does not end in settlement, all restrictions |
| Under the direction of Superior Court Judge David | | | | on discovery are removed. The MSC and Trial dates |
| Long, who handles the Mandatory Settlement | | | | will be set at a post-mediation Case Management |
| Conference calendar, along with assistance from the | | | | Conference. |
| ADR committee, Ventura's local rules were changed | | | | Cases Electing to Decline |
| to allow parties to select mediation. At the time of | | | | In all other cases—namely, where the parties either |
| the last defendant's first appearance, the parties must | | | | neglected to answer the questionnaire or chose to |
| specify on the jointly-filed Voluntary Early Civil | | | | decline the early mediation program—the Ventura |
| Mediation Program Questionnaire (VN-183) whether | | | | court will consider an order to mediation or arbitration |
| they agree to “opt-in” or decline participation in | | | | based upon the court's review of the Case |
| mediation. Notably, case value plays no role in | | | | Management Statements. The order to mediate or |
| deciding whether a case is eligible. Parties who agree | | | | arbitrate will be made simultaneously with the setting of |
| to participate may withdraw only upon the filing of an | | | | the MSC and Trial date. These latter dates are 320 |
| ex parte application and order approved by the court. | | | | and 340 days, respectively, from the date that the |
| For those cases where the parties agree to | | | | complaint was initially filed. |
| “opt-in,” all fast track deadlines and all discovery | | | | The court randomly assigns a mediator from the pro |
| (other than that permitted by C.C.P. § 94) is stayed | | | | bono panel, selecting a date and time based on the |
| for a period of 150 days from the date of the filing of | | | | mediator's previously disclosed availability. The |
| all defendant's answers. Meditations under this | | | | mediator is expected to spend no more than 3 hours |
| program shall be completed no later than 150 days | | | | with the parties. If the mediation has the potential for |
| from the last defendant's first appearance, and the | | | | continuing, then the mediator is allowed to charge the |
| case must be at-issue before it can go to mediation. | | | | parties upon terms and conditions as they may |
| Parties who fail to complete the mediation within the | | | | mutually agree. There is no limit placed on discovery |
| 150-day deadline are subject to sanctions. Discovery | | | | for cases that decline the early mediation program. |
| motions are not expressly prohibited, and local rules set | | | | The MSC remains on calendar in Dept. 22, pending the |
| the policy for resolution by the meet and confer | | | | results of the mediation or arbitration. |
| process. | | | | |
| The Ventura court provides a two-tiered panel of | | | | Information for the Voluntary Early Civil Mediation |
| mediators for the Voluntary Early Civil Mediation | | | | Program is available on the Ventura court's website. |
| Program—pro bono and party pay. All of the pro | | | | Procedural guidelines are explained, and you can |
| bono and party pay mediators have agreed to | | | | review biographical information for the pro bono and |
| mediate, at no charge, at least one case per calendar | | | | party pay panel mediators. Forms are also available |
| quarter. Once this obligation is satisfied, party pay | | | | to ensure compliance with the local rules. Questions |
| mediators can charge no more than $150.00 per hour | | | | may be directed to Julie Camacho, the Ventura Civil |
| for any other case assignments during a calendar | | | | Mediation Program Manager. |