California

Civil Procedure

Civil Procedure

Rule 3.221 – Information about alternative dispute resolution

(a) Court to provide information package

Each court must make available to the plaintiff, at the time the complaint is filed in all general civil cases, an alternative dispute resolution (ADR) information package that includes, at a minimum, all of the following:

(1) General information about the potential advantages and disadvantages of ADR and descriptions of the principal ADR processes. Judicial Council staff have prepared model language that the courts may use to provide this information.
(2) Information about the ADR programs available in that court, including citations to any applicable local court rules and directions for contacting any court staff responsible for providing parties with assistance regarding ADR.
(3) In counties that are participating in the Dispute Resolution Programs Act (DRPA) , information about the availability of local dispute resolution programs funded under the DRPA. This information may take the form of a list of the applicable programs or directions for contacting the county’s DRPA coordinator.
(4) An ADR stipulation form that parties may use to stipulate to the use of an ADR process.

(Subd (a) amended effective January 1, 2016; previously amended effective July 1, 2002, and January 1, 2007.)

(b) Court may make package available on Web site

A court may make the ADR information package available on its Web site as long as paper copies are also made available in the clerk’s office.

(c) Plaintiff to serve information package

In all general civil cases, the plaintiff must serve a copy of the ADR information package on each defendant together with the complaint. Cross-complainants must serve a copy of the ADR information package on any new parties to the action together with the cross-complaint.

Cal. R. Ct. 3.221

Rule 3.221 amended effective January 1, 2016; adopted as rule 1590.1 effective January 1, 2001; previously amended and renumbered as rule 201.9 effective July 1, 2002, and as rule 3.221 effective January 1, 2007.