Opinion
No. CV 99-11629-GAF (AJWx), CV 99-11835-GAF (AJWx)
October 4, 2000
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
The Court has adopted and is making available to the parties a procedure for dispute resolution for those interested in pursuing an early resolution of their cases. This procedure is not mandatory; it will be employed only in those cases where all parties agree to present the case for an early evaluation as set forth below. The following describes the program offered to the litigants.
1. The case will be presented to a panel of three retired judges for purposes of conducting a one day (not to exceed seven hours) dispute resolution session. At this session, which plaintiff must attend, each side to the pending litigation will present evidence and argument to enable the mediators to make an evaluation for purposes of monetary damages only of the plaintiff's claim against the City of Los Angeles.
2. At the conclusion of the session, the mediators will make a unanimous written recommendation to counsel for both sides as to the settlement value of the pending lawsuit, including an award of attorney's fees. The mediators will deliver a copy of their recommendation to the plaintiff and will obtain a signed acknowledgment from the plaintiff that plaintiff has received a copy of the unanimous written recommendation.
3. Thereafter, each side will have fourteen days to accept or reject the mediator's evaluation and recommendation by notifying the mediators in writing of their position.
4. The mediators will forward the plaintiff's signed acknowledgment and each party's acceptance or rejection of the mediators' evaluation and recommendation, under seal, to United States District Judge Dickran Tevrizian, who will coordinate the settlement program for the District Court. Judge Tevrizian will hold the document under seal until the case is either settled or tried. In the case of a trial, the document will be forwarded to the trial judge, who will open it only after the trial has concluded.
5. In those cases where the parties wish to pursue settlement through this dispute resolution procedure, the parties are to adhere to the following:
(A) The parties are to notify Judge Tevrizian, through his Courtroom Deputy Clerk, of their intention to pursue this form of dispute resolution;
(B) The parties are to submit to Judge Tevrizian the names of two retired judges — one from plaintiffs and one from defendants — selected from the attached list.
(C) Judge Tevrizian will select a third judge from the list to complete the dispute resolution panel.
(D) Judge Tevrizian will notify the three judges of their selection and the ground rules that apply in these cases. Thereafter, the parties will be responsible for arranging the date and time for the conference.
6. The fees for the mediator's services with respect to these hearings shall be paid by the City of Los Angeles.
IT IS SO ORDERED.