(a) Qualifications of mediators for general civil cases.
Each superior court that makes a list of mediators available to litigants in general civil cases or that recommends, selects, appoints, or compensates mediators to mediate any general civil case pending in the court must establish minimum qualifications for the mediators eligible to be included on the court's list or to be recommended, selected, appointed, or compensated by the court. A court that approves the parties' agreement to use a mediator who is selected by the parties and who is not on the court's list of mediators or that memorializes the parties' agreement in a court order has not thereby recommended, selected, or appointed that mediator within the meaning of this rule. In establishing these qualifications, courts are encouraged to consider the Model Qualification Standards for Mediators in Court-Connected Mediation Programs for General Civil Cases issued by the Judicial Council staff.
(Subd (a) amended effective January 1, 2016; adopted effective January 1, 2011.)
(b) Lists of neutrals.
If a court makes available to litigants a list of ADR neutrals, the list must contain, at a minimum, the following information concerning each neutral listed:
(1) The types of ADR services available from the neutral;
(2) The neutral's resume, including his or her general education and ADR training and experience; and
(3) The fees charged by the neutral for each type of service.
(Subd (b) amended and relettered effective January 1, 2011; adopted as subd (a); amended effective January 1, 2007.)
(c) Requirements to be on lists.
In order to be included on a court list of ADR neutrals, an ADR neutral must sign a statement or certificate agreeing to:
(1) Comply with all applicable ethics requirements and rules of court and;
(2) Serve as an ADR neutral on a pro bono or modest-means basis in at least one case per year, not to exceed eight hours, if requested by the court. The court must establish the eligibility requirements for litigants to receive, and the application process for them to request, ADR services on a pro bono or modest-means basis.
(Subd (c) relettered effective January 1, 2011; adopted as subd (b); previously amended effective January 1, 2007.)
(d) Privilege to serve as a court-program neutral.
Inclusion on a court list of ADR neutrals and eligibility to be recommended, appointed, or compensated by the court to serve as a neutral are privileges that are revocable and confer no vested right on the neutral.
(Subd (d) relettered effective January 1, 2011; adopted as subd (c) effective July 1, 2009.)
Rule 10.781 amended effective January 1, 2016; adopted as rule 1580.1 effective January 1, 2001; previously amended and renumbered as rule 10.781 effective January 1, 2007; previously amended effective July 1, 2009, and January 1, 2011.
Advisory Committee Comment
Subdivision (c)..A court has absolute discretion to determine who may be included on a court list of ADR neutrals or is eligible to be recommended, selected, appointed, or compensated by the court to serve as a neutral (except as otherwise expressly provided by statute or rule of court).