Frequently Asked Questions
- How do I schedule an ADR Phone Conference?
- How do I report a violation of the ADR Local Rules?
- How do I submit a request to have someone excused from attending an ADR session in person?
- My ADR deadline is approaching and I will not meet it. How do I get the deadline extended?
- How do I object to a neutral appointment?
- Can the parties have input into the selection of the neutral assigned to their case?
How do I schedule an ADR Phone Conference?
Filing a Notice of Need for ADR Phone Conference in accordance with ADR L.R. 3-5(c)(2) will result in the ADR Unit's scheduling an ADR Phone Conference. Additionally, you may contact the ADR Unit at any time after referral to the ADR Multi-Option Program to schedule an ADR Phone Conference. See ADR LR 3-5(c).
How do I report a violation of the ADR Local Rules?
If you wish to report a violation of the ADR Local Rules other than ADR L.R. 7 (which governs judicially hosted settlement conferences), you may informally present the complaint to the ADR Director, or to such legal staff as the Director may designate, who will attempt to resolve the matter to the satisfaction of all concerned.
A formal complaint of a violation must be submitted in writing to the ADR Magistrate Judge or emailed to ADR_RulesViolations@cand.uscourts.gov, and be accompanied by a declaration. Copies of the complaint and declaration must be sent contemporaneously to all other parties, the neutral and the ADR Unit. The complaint and declaration must be marked “confidential-not to be filed” and must neither be filed nor disclosed to the assigned judge. See ADR L.R. 2-4.
How do I submit a request to have someone excused from attending an ADR session in person?
A person required to attend an ADR session may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must submit, no fewer than 14 days before the date set for the session, a letter to the ADR Magistrate Judge (sent care of the ADR Unit or emailed to ADR_Attendance@cand.uscourts.gov), simultaneously copying all counsel and the neutral. The letter must:
- Set forth all considerations that support the request.
- State realistically the amount in controversy in the case.
- Indicate whether the other party or parties and the neutral join in or object to the request.
- Be accompanied by a proposed order.
The request must not be filed or disclosed to the assigned judge. Requests should be addressed to:ADR Magistrate Judge
c/o ADR Unit United States District Court
United States District Court
Northern District of California
450 Golden Gate Avenue, 16th Floor
San Francisco, CA 94102
My ADR deadline is approaching and I will not meet it. How do I get the deadline extended?
To extend the deadlines set in the ADR Scheduling Order for filing an ADR Certification and Stipulation to ADR Process or Notice of Need for ADR Phone Conference, or to extend the deadline to complete an ADR Process, the parties must obtain permission from the assigned judge. The ADR Unit has no authority to extend any case deadlines.
How do I object to a neutral appointment?
Within 7 days of learning the identity of a proposed neutral, a party who objects to service by that neutral must deliver to the ADR Unit and all other counsel a writing that specifies the bases for the objection. The ADR Director shall determine whether the proposed neutral will serve or whether another neutral should be appointed. See ADR L.R. 2-6(4).
Can the parties have input into the selection of the neutral assigned to their case?
Yes, but under no circumstances should the parties simply submit a proposed order calling for the appointment of a specific neutral as the court cannot guarantee that any individual neutral is available at any given time.
Parties wishing to have input into the selection of the neutral for their case must first contact the ADR Unit. For cases assigned to the court's Mediation or Early Neutral Evaluation (ENE) programs, after consultation, the parties may submit to the ADR Unit a list of no fewer than five mutually agreed-upon names for consideration. The ADR Unit will attempt to appoint someone from that list, but ultimately must also balance the parties' wishes with neutral availability and the responsibility not to add unnecessary delay to the process.
For cases in which a Settlement Conference With a Magistrate Judge is requested, the parties may advise the assigned judge of their preference.
If the parties feel strongly that a specific person on one of the court's neutral panels is especially well-suited to handle their case, the parties should hire that person privately and request that their private process substitute for referral to any of the court's ADR processes. See ADR L.R. 3-2.