Riverside Superior Court A Pro-Active Approach to ADR

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Riverside Superior CourtA
Pro-ActiveApproachto ADR
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WHAT Issue Were We Trying to Address?

• The Lack of Alternative Dispute Resolution
  Resources for Self-Represented Parties
• in Family Law Matters

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HOW Did We Start?

• Assembled the team

• Analyzed Problem

• Defined Our Purpose

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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

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WHAT Did We Create?

• Voluntary Settlement Conference Program

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WHAT Does it Look Like?

• Case Eligibility
• New Forms
• MSC Workshop
• Pre-VSC/MSC Preparation
• Panel of Mediators/Attorneys

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WHAT MOVIE IS THIS FROM?

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WHO is involved?

• Self-Help Staff
• Attorneys-Mediators
• Department of Child Support Services
• Child Custody Mediators
• Judicial Officers
• Operations Staff

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WHAT Are the Outcomes?

• SRPs Leave the Court With Judgment
• Collect Evaluation Data
• Keep Attorney-Mediators Happy

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HOW Did We Pay for This?

• Existing Court Staff
• Local Bar Dispute Resolution Grant

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WHAT MOVIE IS THIS FROM?
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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

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WHAT Options are Available?

• Variety of Locations
• Riverside
• Murietta
• Variety of Times
• Day
• Evening

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

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WHAT MOVIE IS THIS FROM?

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• WHAT
• DO
• WE
• DO?

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Disclosure Documents Completed

• Most People either dont do them or dont do them
  correctly
• Go through each document and explain the law and
  how to fill out the form
• FL-142
• FL-150
• FL-141

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Settlement Conference Declaration

• Created for ease to complete and ease to review
• Address common issues seen in our cases

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Spousal Support Declaration

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

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Property Declarations/Evidence

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

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Review Mediation Process

• What to expect
• Keys to Success
• Demeanor, Demeanor, Demeanor

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WHAT MOVIE IS THIS FROM?
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• VSC
• PREPARATION

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WHAT is Required for Preparation?

• Review Cases
• Prepare VSC Calendar
• Distribute Cases to Staff
• Prepare Checklist, Stipulation, Judgment Forms,
  and Missing Litigant Documents

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WHAT Do We Look For?
CASE NUMBER CASE NAME DEPT ATTY PRO PER DCSS DV CASE NOTES
SWD021579 GLIVAR BADDON H2   BOTH N/A     NO KIDSNO ORDERS MADEBOTH APPEARED AT WORKSHOP
227101 JUAREZ F201   BOTH YES     RIK018199 - COMPLAINT ONLY445145DCS - PATERNITY COMPL.BOTH PARTIES SPANISH
230205 MARTINEZ F401   BOTH N/A YESFAM153124 YESFAM153124 LEGAL SEPARATIONSTIPULATED JUDGMENT SUB. 3/30FAM153124 - DV NEVER ISSUED
218830 JONGENEELEN F402   BOTH NO YESRID220068 YESRID220068 RID220068 - TRANSFERRED FROMVENTURA COUNTY. TRO NEVERADDRESSED HERE IN RIVERSIDE
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WHAT is in the Checklist?
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HOW Do We Make It Legal?
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HOW Do We Incorporate the Settlement Into the
Judgment?
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HOW Do We Make it Work?

• Assemble the Parties
• Explain the Program
• Parties Sign Stipulation
• Judges Speech
• Assign the Mediators
• Parties have Option to Attend CC/Vist Mediation

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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

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WHAT MOVIE IS THIS FROM?
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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

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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

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HOW Are We Doing? (cont)

• The Ugly
• Staff Intensive
• Potential Attorney Burnout

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• QUESTIONS?