Loan Modification Settlement Conference - Santa Clara Superior Court

ADR icon Project Name: Loan Modification Settlement Conference Program
Court: Santa Clara Superior Court
   Documents: Conference Stipulation and Order Form
    Settlement Stipulation and Order Form
   Links: Court Local Civil Rule

Overview/Program Description:

This program is an innovative way to help limit litigation in foreclosure cases. It is designed to facilitate faster resolution for alleged wrongful foreclosure cases by assisting both the home owner and the financial institution to come to a mutual agreement. The settlement conference program was designed to reduce the amount of judicial resources needed to resolve these cases, as well as to facilitate more mediated agreements, thereby achieving better outcomes for litigants. The court became aware of interest from the local bar in volunteering as temporary judges for these settlement conferences. The court developed a training program for temporary judges specifically for settlement conferences. Three major financial institutions also expressed interest in participating in alternative dispute resolution on these cases. The expedited resolution of cases has reduced the number of foreclosure cases on the court's calendar.

Program Benefits/Savings:

Fewer foreclosure cases were scheduled on the court's motion and ex parte calendars once the program was available to parties and counsel. The need for judicial resources and trial time on foreclosure cases was reduced.

Other Courts Using Similar Programs:

  • Orange Superior Court