To save time, civil disputes can now be resolved by retired judges under a new government program that took effect on Monday.
The Civil Mediation by Temporary Judges Program provides free mediation services to help parties resolve disputes without going to court. Retired judges trained as mediators assist parties in resolving cases.
The program was created by the Judicial Council of California, the legislative body of the California court system, and primarily deals with personal injury cases.
“These are typically what are known as soft tissue injuries, where the total value of the case is $50,000 or less,” said Judge John Freeland.
He cited as an example cases of car accidents in which those involved suffered back or neck pain but no permanent injuries.
Mediators can also resolve business and contractual disputes.
Engaging a mediator can save time and help to ease the court calendar.
The program applies to unlimited civil actions with amounts in controversy up to $50,000. Limited civil actions (excluding small claims) are permitted.
Smaller claims are not part of the program because they have their own mediator and the amounts in dispute are usually much lower ($12,500).
The process begins when the parties request mediation by filing an Agreement Form (CV-018) before or within 14 days of the Case Management Conference. If all parties agree to mediation at the Case Management Conference, the judge may refer the case to the mediation program.
Once a mediator has been assigned, sessions will be scheduled at a time convenient for the parties involved. Mediation sessions will be held in person on weekdays from 8:30 a.m. to 12:00 p.m. and from 1:30 p.m. to 4:00 p.m. In hardship cases, mediation can also take place remotely.
Mediation must be completed 30 days prior to any settlement conference.
The mediator, the parties and lawyers, and all persons required by the mediator must be present. Each side must have a person with mediation authority present.
Forms are available on the Stanislaus County Superior Court website at www.stanislaus.courts.ca.gov.
For further information please visit the website or contact the Registrar’s office.
