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