HomeMy WebLinkAboutLegal Serv of N Cald~i ~erV1~~S
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NORTHERN GALIFORNIA
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Butte Regionai O€fice
P.O. Box 3728
Chico, CA 95927-3728
Phone: (530) 345-9491
Fax (530) 345.5913
Oroville: (530} 534-9221
Toll Free: (80D) 345-9491
ch ico-office@ Isnc. net
Butte County Dispute Resolution Programs Act Annual Report
January 1, 2011 -December 31, 2Q11
Small Claims, Unlawful Detainer and Civil Harassment Mediation Programs
1. Introduction
On January 1, 2011, the Superior Court of California, County of Butte contracted with Legal Services of
Northern California (LSNC) to be the service provider of the Butte County Dzspute Resolution Program
for the period from January 1, 2011 through December 31, 2011. The purpose of the contract was to
have LSNC provide mediation services, free of cost to litigants in Butte County Superior courts in Small
Claims, Unlawfizl Detainer and Civil Harassment cases as a means to resolve conflicts in a satisfactory
maru;er, prevent escalation of conflicts and to demonstrate that individuals and communities are capable
of resolving conflicts out of court. An additional goal was to increase the efficiency of the courts by
reducing the number of court trials held for each of these calendars. Funding for this program was
provided in part with Butte County funds from the Dispute Resolution Programs Act (DRPA) which is
codified at California Business and Professions Code sections 465-471.5 and governed by the
regulations contained at California Code of Regulations, Title 16, Chapter 36. This annual report
complies with Section 471.5 of the Act.
2. Types of Cases Referred to the Program, Number of Persons Utilizing the Process More
Than Once and Duration of the Mediation Sessions
The California Dispute Resolution Programs Act (DRPA) was reviewed and abided by in the
creation of this program. Recruitment and hiring of trained mediators and volunteer mediators
was undertaken following DRPA guidelines. An "Intake/Report Sheet" was developed for the
program which provided for all necessary DRPA eligibility reporting requirements, waivers of
conflicts of interest and the informed consent of the litigants to enter into mediation. A "pool" of
mediators and volunteer mediators was created. In 2011 Butte County Superior regularly
scheduled (holidays excepted): Small Claims cases every Thursday of the month at $:30 a.m. and
every Friday at 1:30 p.m. at the Chico Courthouse and approximately two Fridays a month at 8:30
a.m. at the Butte County Courthouse in Oroville. Unlawful Detainer cases were regularly
scheduled at the Chico Courthouse every Thursday at 1:30 p.m. and in the Butte County
Courthouse in Oraville every Friday at 8:30 a.m. Civil Harassment cases were regularly scheduled
at the Butte County Courthouse in Oroville every Monday at 1:30 p.m.. Therefore, LSNC provided
mediation coverage for approximately 5 3/z court calendars per week. Each calendar session as
scheduled above would be "staffed" with one or more mediators per the contract. Contact was
www.l~nc.rtet
A Legal Sertioes Corporation Program IFS
made with court administrators, court clerks, court attendants and the court judicial officers and
commissioners overseeing the Civil Harassment, Unlawful Detainer and Small Claims calendars.
Pursuant to DRPA, space within the courthouses at each location was identified so that the
mediation sessions could be conducted in available public buildings, accessible to the public in a
cost-effective manner -this usually consisted of meeting in small conference roams within the
courthouse.
At each of the above calendars, the judicial offacer would make referrals of the appropriate cases
set for trial that day far mediation. It was the practice of the Caurt that most or all of the litigants
would be referred to mediation initially.. A mediator would then meet with the litigants, describe
the mediation process, provide written waivers and disclosures, get consent of the parties~willing
to mediate and proceed with mediation of the litigants at the courthouse in a meeting room.
Mediation would only be offered ante per case to the litigants, so that the number of persons
utilizing the process mare than once was almost always zero. The duration of the mediation
sessions were reported to last from ~ an hour to 2 ~i hours. If the litigants were able to resoly_ e
their issues in mediation, a settlement agreement or stipulated agreement would be prepared
during the mediation and the litigants would return to Caurt that day with their agreement in lieu
of trial. If the case was unable to settle in mediation, the mediator would return the litigants to the
court for trial that day. For the cases that did not settle in mediation, it is believed that the
litigants proceeded to trial in a mare prepared and efficient manner having had the opportunity to
meet with a mediator, "lay out their cases," share exhibits and most importantly, listen to the other
side.
3. Number of Referrals
For the twelve month period of January 2011 through December 2011 the Dispute Resolution
Program had a total of 403 court cases referred to mediation. In 2011 staffing levels of mediators
actually was reduced somewhat from previous years in an effort to continue to provide mediation
services at an adequate level and at the same time expand services to include a new court
calendar, the Civil Harassr~ient calendar. Small Claims calendars were reduced and staffed with
only one mediator. per calendar as opposed to two mediators in the past, Butte County Courthouse
in Oroville Unlawful Detainer calendars were usually al~acated only one mediator per calendar
and Chico Courthouse Unlawful Detainer calendars were allocated two mediators, as opposed to
three in the past This "reduction'` in staffing levels probably contributed to some overall
reduction in the number of cases able to be referred to the mediation project. On occasion "extra"
mediators were requested by the court and able to be provided by the Dispute Resolution
Program when especially large calendars were anticipated.
4. Number of Disputes Resolved
Unlawful Detainer Mediation
January 1, 2011-December 31, 2011
207 - Number of Unlawful Detainer cases referred to mediation
166 Cases settled in mediation ($0%)
37 Cases did not reach a mediated settlement, proceeded to trial {18%}
4 Cases continued for other purposes on day of trial (2%)
Small Claims Mediation
January 1, 201.7. -December 31, 2011
118 - Number of Small Claims cases referred to mediation
69 Cases settled in mediation {58%)
48 Cases did not reach a mediated settlement, proceeded to trial {41 %}
1 .Case continued for other purposes on day of trial (1%}
Civil Harassment Mediation
January 1, 2011- December 31, 2011
78 -Number of Civil Harassment cases referred.to mediation
57 Cases settled in mediation (73%)
17 Cases did not reach a mediated settlement, proceeded #a trial setting calendaz (22%)
4 Cases continued for other purposes an day of trial (5%}
5. Number of Persons Served by tlae Program
Often a "case" referred'to mediation directly impacts more than just the individually listed
litigant. To begin with every case has at least one Plaintiff/Petitioner and one
Defendant/Respondent, so 403 "cases" referred to mediation in 2011 at a minimum served 806
persons.
Nowhere is the "ripple-effect" of how a mediation "case" may affect more than just the named
litigants more evident than in the Unlawful Detainer (eviction] calendars where each "case"
involves a residence, often with household rnembers who will be impacted by the mediation
outcome such as: will the tenancy be continued, will an eviction occur, how soon would a move
out occur, what impact will there be on minors in the household, on school attendance, medical
needs, etc. Therefore in Unlawful Detainer mediations "household" information is collected from
the Defendant/Respondent at the start of each mediation session. This information includes the
number of adults and children living in the residence that are the subject of the Unlawful Detainer
action. Of the 207 Unlawful Detainer cases referred to mediation in 2011, 333 adults (including
the litigant present at mediation) and X99 children in the households - for a total of 532 persons -
were represented by the Defendant/Respondent's side of an Unlawful Detainer case to be
impacted or "served" by the outcome of the mediation.
Similarly, in Small Claims cases Plaintiffs/Petitioners-can be individuals or businesses, often impacting
more than one person, while in Civil Harassment cases the Plaintiff/Petitioner can often represent an
entire household that is being affected by the conduct that is subject to the hearing. Thus, the "number
ofpersons served" by these three mediation programs in 20l I can reasonably be said to total over
1000.
6. Cost savings to the Court
One of the benefits of court based mediation programs is to assist the court in the efficient
processing of trial calendars with the goal of significantly reducing the number of cases which
proceed to trial. Cases sent to mediation are usually able to completely resolve all issues on day
of trial with a mediated agreement versus going to a trial, thus the court experiences great
savings in judicial time and administrative efficiency by significantly reducing the number of
trials held.
While mediation sessions are being conducted, the court judicial officers and court staff are able
to attend to other matters. Often times a mediated settlement may resolve additional issues sa
that future court appearances are reduced or minimized.
The Unlawful Detainer mediation program, now in its seventh year of providing mediation services in
Unlawful Detainer cases in Butte County, continues to accomplish a high rate of settlement, with 80%
of the cases referred to mediation settled in mediation versus proceeding to trial. The Civil Harassment
calendar mediation results are showing great promise in its initial year of providing mediation services
with a mediated settlement rate of 73% of the cases referred to the mediator reaching a settlement
agreement. Prior to mediation being made available Civil Harassment cases were often subject to
numerous court calendar appearances, often on multiple files. The ability to obtain mediated settlements
in a Civil Harassment case can provide the court with a cost savings by significantly reducing court
calendaring and trial time. Similarly, Small Claims case mediations often permits the parties to arrive at
binding resolutions they design themselves while fxeeing up the judge for those cases that clearly must
go to trial.
7. Operating Budget
Monthly budget reports are prepared and maintained by the LSNC administration and the Dispute
Resolution Program coordinator and submitted as part of the Semi-Annual DRPA report to the contract
entity, which iri 201 ]was the Superior Court, County of Butte. T'he 201 l year end expenditure report is
attached to this report.
The 12-month contract for services to provide court mediation services:
12 month contract $55,709.00
LSNC total expenditures in 2011 - $56,611.3D
Balance remaining - $ {902.30)
LSNC has operated the above described mediation programs for the Superior Court funded through a
combination of State judicial grants and DRPA funding, at or below budget since 20x5. 2011 program
expenditures came in slightly over budget primarily for the following reasons: increased mediator
coverage to the courts during the later months due to heavy calendars (which in turn increased travel
costs) and a change in circumstances in October 2011 when LSNC was requested to become the DRPA
applicant far 2012 which required additional time to prepare an application to the County for 2012,
numerous communications and meetings with the Court, LSNC management and the State Bar as to
how this change might impact pending grant funding.
8. Conclusion
The Dispute Resolution Program has been successful in providing a valuable and efficient mediation
service for the Superior Court of Butte County. The program has been fortunate to have a stable pool of
highly regarded trained mediators to provide mediation at each calendar session and the full support of
the court administration, court staff and court judicial officers in Butte County. The success of a
mediation program such as: the Dispute Resolution Program is truly a team effort.
Respectfully Submitted,
~~.'~-
Teresa Kludt
Date: ~`/a /Zdi~
Program Coordinator
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