Central District of California
IN BRIEF
Process summary
Mandatory settlement procedures.
The Central District of California has authorized, through Local Rule 23, mandatory referral to settlement procedures for most civil cases. See below.
Other ADR.
In the Central District of California, referral to different forms of ADR, such as arbitration, mediation, minitrial, or summary jury trial, is at the discretion of the individual district or magistrate judge. No court-based ADR programs or rules have been established. When a judge refers parties to one of these forms of ADR, the judge sets the procedures for the process. The judges have also appointed special masters to settle cases and have referred some cases to a minitrial procedure. On a few occasions, one judge has held a summary jury trial.
Of note
Obligations of counsel.
Attorneys must discuss ADR options with opposing counsel and indicate in their case management statements that they have done so.
Evaluation.
As one of the ten comparison districts established by the CJRA, the Central District of California is included in the RAND study of the pilot and comparison districts, which will be reported to Congress by the Judicial Conference in 1996.
Plans
. The court is creating a panel of settlement judges and a panel of attorney settlement officers to serve as neutrals in the court's mandatory settlement procedures.
For more information
William J. Rea, U.S. District Judge, 213-894-0466
Harry L. Hupp, U.S. District Judge, 213-894-6730
IN DEPTH
Mandatory Settlement Procedures in California Central
Overview
Description and authorization.
Under Local Rule 23, the Central District of California has established a variety of procedures to assist settlement. The court's procedures were first adopted in 1993 and were modified by an amendment to Local Rule 23 in November 1994. Known as the Mandatory Settlement Procedures Program, it is not yet fully implemented.
When the program is fully operational, it will require litigants in all civil cases to meet with the trial judge, another district judge, a magistrate judge, an attorney settlement officer, or a private mediator to pursue settlement at least forty-five days before the final pretrial conference. Parties will be required to select one of the court's settlement options. If they cannot agree on a process, the assigned district or magistrate judge is authorized to conduct an appropriate settlement process. The court's three options include (1) participation in a settlement process hosted by a settlement attorney on the court's roster; (2) referral to a retired judge or other private ADR neutral; or (3) referral to another district judge or a magistrate judge for settlement. The selected settlement officer has broad discretion to structure the settlement process. Under the rule, the settlement officer may (1) require an opening statement from each counsel; (2) hold, with agreement of the parties, a summary jury trial or minitrial; may require presentation of testimony or summary of testimony of expert witnesses; (3) order closing argument by each counsel; or (4) require any combination of these. Any case may be excluded from the program by the assigned judge.
Number of cases.
No information is yet available on the number of cases referred.
Case selection
Eligibility of cases.
All civil cases are eligible. A case may be excluded from the program by the assigned district or magistrate judge.
Referral method.
No later than forty-five days before the final pretrial conference, the parties must select and participate in one of the court's approved settlement procedures. If parties do not select a settlement option, the court may order the parties to participate in any of the settlement procedures set forth in Local Rule 23.
Opt-out or removal.
The assigned judge may, if a party applies or sua sponte, excuse the case from participation in a settlement procedure.
Scheduling
Process selection.
Parties who have not chosen the assigned judge to preside over their settlement proceedings must file a Notice of Selection of Settlement Procedure, signed by counsel for each side, no later than fourteen days before the date of the selected settlement procedure. The notice must state the settlement procedure selected, the name of the settlement officer, and the date, time, and place of the settlement procedure.
Written submissions.
At least five days before the settlement procedure, each party must submit to the settlement officer, in camera, a letter of five pages or less setting forth its statement of the case; its settlement position (including the last offer or demand made), and the offer or demand it will make at the settlement conference. The letter is returned to the party at the end of the settlement conference.
Settlement session.
The settlement conference must take place no later than forty-five days before the final pretrial conference.
Number and length of sessions.
No data are currently available about the length of settlement sessions or the number of sessions generally held.
Program features
Rule 23 settlement procedures.
Four settlement procedures are offered under Local Rule 23:
Settlement procedure no. 1. Unless another settlement procedure is selected by the parties with the consent of the trial judge, the parties must appear before the assigned district or magistrate judge for any settlement procedures the judge may conduct.
Settlement procedure no. 2. The parties may engage in settlement discussions with an attorney selected from the Attorney Settlement Officer Panel (when established and functioning) or with an attorney appointed by the trial judge.
Settlement procedure no. 3. The parties may appear before a retired judge or other private or nonprofit dispute resolution body for "mediation-type settlement proceedings."
Settlement procedure no. 4. With the consent of the trial judge, the parties may appear for settlement proceedings before another district or magistrate judge selected at random from the Civil Settlement Panel.
Discovery and motions.
Local Rule 23 does not address this subject.
Party roles and sanctions.
In addition to the attorney who will try the case, each party must attend the settlement proceeding in person or be represented by a person with full authority to settle. Parties residing outside the district may have an authorized representative available by telephone during the proceeding. Each party must analyze the case before the proceeding and must be prepared to discuss all economic and noneconomic factors relevant to settlement. Local Rule 23 does not specify whether or what type of sanctions might be imposed for failure to comply with the attendance and other requirements.
Outcome.
If settlement is reached, the parties must report it immediately to the assigned judge's courtroom deputy and submit a written settlement agreement as soon as possible.
Confidentiality.
All proceedings are confidential. No statements made during the settlement procedures are admissible in any subsequent proceeding in the case unless the parties agree. No part of the proceeding may be reported or recorded without consent of the parties, except for the written settlement agreement.
Neutrals
Qualifications and training.
Local Rule 23 does not address this subject.
Selection for case.
When parties choose to proceed before an attorney, they may select the attorney from the Attorney Settlement Officer Panel (when established and functioning) or before an attorney appointed by the trial judge for settlement proceedings. If the neutral is a district or magistrate judge other than the assigned judges, the settlement judge is selected at random from the Civil Settlement Panel.
Disqualification.
Local Rule 23 does not address this subject.
Immunity.
Local Rule 23 does not address this subject.
Fees.
Local Rule 23 does not address this subject.
Program administration
No administrative structure has been established to date.
Excerpted from ADR and Settlement in the Federal District Courts: A Sourcebook for Judges & Lawyers, 1996, a publication of the Federal Judicial Center and CPR Institute for Dispute Resolution