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2014 California Rules of Court

Standard 10.72. ADR committees and criteria for referring cases to dispute resolution neutrals

(a) Training, experience, and skills

Courts should evaluate the ADR training, experience, and skills of potential ADR neutrals.

(Subd (a) amended effective January 1, 2006.)

(b) Additional considerations for continuing referrals

After a court has sufficient experience with an ADR neutral, the court should also consider indicators of client satisfaction, settlement rate, continuing ADR education, and adherence to applicable standards of conduct in determining whether to continue referrals to that neutral.

(Subd (b) amended effective January 1, 2006.)

Standard 10.72 amended and renumbered effective January 1, 2007; adopted as sec. 33 effective July 1, 1992; previously amended effective January 1, 2006.

Advisory Committee Comment

Although settlement rate is an important indicator of a neutral's effectiveness, it should be borne in mind that some disputes will not resolve, despite the best efforts of a skilled neutral. Neutrals should not feel pressure to achieve a high settlement rate through resolutions that may not be in the interest of one or more parties. Accordingly, settlement rate should be used with caution as a criterion for court referral of disputes to neutrals.

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