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Riverside Superior Court A Pro-Active Approach to ADR.

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Presentation on theme: "Riverside Superior Court A Pro-Active Approach to ADR."— Presentation transcript:

1

2 Riverside Superior Court A Pro-Active Approach to ADR

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

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

5 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

6 WHAT Did We Create? Voluntary Settlement Conference Program

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

8 WHAT MOVIE IS THIS FROM? “

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

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

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

12 WHAT MOVIE IS THIS FROM?

13 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

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

15 WHAT Do We Tell the Litigants

16 1 2 3s of VSCs Using a Step by Step Approach we walk people through all the necessary paperwork and explain the process involved.

17 WHAT MOVIE IS THIS FROM?

18 WHAT DO WE DO?

19 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

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

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

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

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

24 WHAT MOVIE IS THIS FROM?

25 VSC PREPARATION

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

27 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 227101JUAREZF201 BOTHYES RIK018199 - COMPLAINT ONLY 445145DCS - PATERNITY COMPL. BOTH PARTIES SPANISH 230205MARTINEZF401 BOTHN/A YES FAM153124 LEGAL SEPARATION STIPULATED JUDGMENT SUB. 3/30 FAM153124 - DV NEVER ISSUED 218830JONGENEELENF402 BOTHNO YES RID220068 RID220068 - TRANSFERRED FROM VENTURA COUNTY. TRO NEVER ADDRESSED HERE IN RIVERSIDE

28 WHAT is in the Checklist?

29 HOW Do We Make It Legal?

30 HOW Do We Incorporate the Settlement Into the Judgment?

31 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

32 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

33 WHAT MOVIE IS THIS FROM?

34 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

35 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

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

37 QUESTIONS?


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