Frequently Asked Questions
Why are only PCR Cases exempted?
Since the time line was moved back to completing ADR by the 300th day, statistics
from the Clerk of Court's office indicate that cases that would be exempt, i.e.,
default cases, foreclosure cases, etc. should already be resolved at this point.
Additionally, even if foreclosure actions were not completed by the 300th day there
is no reason why they could not benefit from ADR.
The Standing Order states "those cases exempt from ADR", implies
that more than Post Conviction Relief matters may be exempt. What other exemptions apply?
Cases which carry the complex case designation will have their own Scheduling Order
which includes ADR. Additionally, cases which went through the mediation process with
a certified mediator prior to the action being filed are also exempt.
Is there any advantage to taking the Court appointed mediator as
opposed to selecting one yourself?
It is better to mutually select a mediator; however there is one advantage and that is
with respect to price. If you select the mediator noted on the Court's Order for ADR
the hourly rate is $125.00 per hour which is divided equally amongst the parties.
When exactly are you going to issue a Rule to Show Cause?
The Clerk of Courts office will most likely review files approximately the 310 day
period. If there is no Proof of ADR form, a Rule to Show Cause will be issued and a
hearing set with the Administrative Judge as to why sanctions should not be imposed
for failure to abide by the Courts Order.
The Standing Order also states that nothing in the Order precludes
the parties from participating in any other recognized ADR process under mutually
agreed upon rules. What is a "recognized" ADR process?
Mediation and arbitration form the core of what will be recognized by the Court.
Attempts at early neutral evaluation, in other words just having a lawyer evaluate a
case for the lawyers, will not be considered a recognized ADR process for the purpose
of the pilot program.
What does it mean that there has to be evidence of participation in
an ADR process within 300 days? Does it have to be completed within 300 days?
The parties and attorneys have to physically participate in a mediation or arbitration
on or before 300 days from the date of filing the action. If the mediation or arbitration
continues beyond the 300th day there is no penalty but the proof of ADR still has to be
timely filed or sanctions may be imposed.
Why do attorneys execute the exemption portion of the form and the
neutral execute the other portion of the form?
If the case is exempted i.e. Post Conviction Relief, complex case, or mediation with a
certified mediator prior to the action being filed, the attorneys have to execute that
portion of the form. Otherwise, the neutral fills out the form.
Do all the attorneys have to execute the exemption portion of the form?
Yes, this will assist in identifying all attorneys when setting the status conference schedule.
There is a note in the form that: "if binding arbitration has been
chosen by the parties but not yet completed, an appropriate Order of Dismissal must be
attached hereto". What does that mean?
If the arbitration has begun but is not yet complete, you should attach an appropriate
order of dismissal, along with a copy of the Binding Arbitration Agreement. The Clerk of
Courts office has a copy of the appropriate Order of Dismissal.
What if the neutral fails to file the proof of ADR form in a timely
manner? Why should the attorneys be penalized?
You should make the neutral aware of the deadline that the Proof of ADR has to be filed.
The neutral should copy the attorneys in the matter so they are aware of when this form
is filed.
