Riverside Superior Court A Pro-Active Approach to ADR

WHAT Issue Were We Trying to Address? The Lack of Alternative Dispute Resolution Resources for Self-Represented Parties in Family Law Matters

HOW Did We Start? Assembled the team Analyzed Problem Defined Our Purpose

WHAT Did We Want to Achieve? Increase Number of SRP Cases Resolved at MSC Prepare SRPs for Trial Increase SRP Satisfaction with the Judicial Process Collect Data to Help Develop Other ADR and Pre-Trial Resources for SRPs

WHAT Did We Create? Voluntary Settlement Conference Program

WHAT Does it Look Like? Case Eligibility New Forms MSC Workshop Pre-VSC/MSC Preparation Panel of Mediators/Attorneys

WHAT MOVIE IS THIS FROM? “

WHO is involved? Self-Help Staff Attorneys-Mediators Department of Child Support Services Child Custody Mediators Judicial Officers Operations Staff

WHAT Are the Outcomes? SRPs Leave the Court With Judgment Collect Evaluation Data Keep Attorney-Mediators Happy

HOW Did We Pay for This? Existing Court Staff Local Bar Dispute Resolution Grant

WHAT MOVIE IS THIS FROM?

WHAT is the Workshop Approach? Pre-Settlement Conference Workshop –Strongly Recommended by Judges –Review Disclosures MSC Brief Spousal Support Declaration Property Declarations What to Expect at Hearing

WHAT Options are Available? Variety of Locations –Riverside –Murietta Variety of Times –Day –Evening

WHAT Do We Tell the Litigants

1 2 3s of VSCs Using a Step by Step Approach we walk people through all the necessary paperwork and explain the process involved.

WHAT MOVIE IS THIS FROM?

WHAT DO WE DO?

Disclosure Documents Completed Most People either don’t do them or don’t do them correctly –Go through each document and explain the law and how to fill out the form FL-142 FL-150 FL-141

Settlement Conference Declaration Created for ease to complete and ease to review Address common issues seen in our cases

Spousal Support Declaration Goes over the 14 Separate Statutory Factors involved in evaluating Spousal Support

Property Declarations/Evidence Review the purpose of the Declarations Review evidence that would be needed if the parties were to go to trial

Review Mediation Process What to expect Keys to Success Demeanor, Demeanor, Demeanor

WHAT MOVIE IS THIS FROM?

VSC PREPARATION

WHAT is Required for Preparation? Review Cases Prepare VSC Calendar Distribute Cases to Staff Prepare Checklist, Stipulation, Judgment Forms, and Missing Litigant Documents

WHAT Do We Look For? CASE NUMBERCASE NAMEDEPTATTY PRO PERDCSS DV CASENOTES SWD021579GLIVAR & BADDONH2 BOTHN/A NO KIDS NO ORDERS MADE BOTH APPEARED AT WORKSHOP JUAREZF201 BOTHYES RIK COMPLAINT ONLY DCS - PATERNITY COMPL. BOTH PARTIES SPANISH MARTINEZF401 BOTHN/A YES FAM LEGAL SEPARATION STIPULATED JUDGMENT SUB. 3/30 FAM DV NEVER ISSUED JONGENEELENF402 BOTHNO YES RID RID TRANSFERRED FROM VENTURA COUNTY. TRO NEVER ADDRESSED HERE IN RIVERSIDE

WHAT is in the Checklist?

HOW Do We Make It Legal?

HOW Do We Incorporate the Settlement Into the Judgment?

HOW Do We Make it Work? Assemble the Parties Explain the Program Parties Sign Stipulation Judge’s Speech Assign the Mediators Parties have Option to Attend CC/Vist Mediation

HOW Do We Conclude the VSC? Mediators Returns Parties and Paperwork Review Judgment Paperwork Bring SRPs to Courtroom Judge Takes Status on Record and signs Judgment or sets Matter for Further MSC/VSC or Trial If DCSS involved, Taken to DCSS for review and signature Judgment Taken to Clerks for Processing and Copies of Filed Judgment Given to Litigants

WHAT MOVIE IS THIS FROM?

HOW Are We Doing? The Good –83% Settlement rate! –SRPs and Judicial Officers Very Satisfied –Reduced Post-Judgment Filings –Attorney-Mediator Dedication and Skill –Established Strong Partner Collaborations

HOW Are We Doing? (cont) The Bad –Not Enough SRP Cases? “What is an At-Issue Memorandum?” –Not Enough Spanish Speaking Mediators/Interpreters –Failure of Some SRPs to Attend MSC Workshops

HOW Are We Doing? (cont) The Ugly –Staff Intensive –Potential Attorney Burnout

QUESTIONS?