Alternative Dispute Resolution

Please review Local Rules of Court 5.0 and California Rule of Court 3.1380 for more information about Mandatory Settlement Conferences.

1. How do I get assigned to a Mandatory Settlement Conference (MSC)?

A party to any limited or unlimited jurisdiction civil proceeding, short or long cause, may apply to the Presiding Judge for an MSC by filing an ex parte application. Parties may also request a settlement conference by contacting the ADR Coordinator at adrcoordinator@sftc.org. See Local Rules 5.0.  

2. When and where will the MSC be scheduled?

The MSC can be held at any time during the litigation process but will normally be held one-to-six weeks before trial.  Most MSCs are conducted remotely. However, they may be held in-person if ordered by the assigned Settlement Conference Officer or upon request. The parties will be notified of date, time, location and assigned Settlement Conference Officer by the ADR Coordinator.

3. How do I prepare for the MSC?

At least five court days before the date set for the settlement conference, each party must email the assigned Settlement Conference Officer an MSC statement. This statement should contain a good faith settlement demand or offer, itemize economic and noneconomic damages, discuss in detail all facts and law pertinent to liability and damages as to that party, and comply with any additional requirements imposed by local rule.  See LRSF 5.0(F). Counsel, parties and persons with full authority to settle the case must personally attend the conference, unless excused by the court for good cause. If consent to settle is required for any reason, the person who is required to consent must be personally present at the conference.  Parties/counsel must be prepared to discuss settlement at the MSC.

4. Who are the Settlement Conference Officers (SCO)?

The Settlement Conference Officers (SCO) are attorneys who have at least 10 years of civil litigation experience and have been selected by the Court after submitting applications detailing their litigation and settlement experience. Each Settlement Conference Officer has completed the Court’s mandatory training, agreed to comply with the terms and requirements of the MSC Program and taken a court-administered oath of office.

5. What precedes the MSC?

At least 5 court days before the MSC the Settlement Conference Officer will conduct a joint telephonic conference with the attorneys and any self-represented litigants. The purpose of the call is to identify issues to enhance the prospect for settlement, including but not limited to identifying those people attending the MSC, addressing the MSC statement, confirming that a settlement demand and offer will be made and assuring compliance with Local Rule 5.0.

6. What should I expect at the MSC?

MSCs are scheduled for 4 hours beginning either at 8:30 a.m. or 1:00 p.m.  MSCs will be conducted by one Settlement Conference Officer.

Judicial Arbitration (Non-Binding)

When the court orders a case to arbitration it is called "judicial arbitration". The goal of arbitration is to provide parties with an adjudication that is earlier, faster, less formal, and usually less expensive than a trial. Pursuant to CCP 1141.11, all civil actions in which the amount in controversy is $50,000 or less, and no party seeks equitable relief, shall be ordered to arbitration. (Upon stipulation of all parties, other civil matters may be submitted to judicial arbitration.)

Private Arbitration

Although not currently a part of the court's ADR program, civil disputes may also be resolved through private arbitration. Here, the parties voluntarily consent to arbitration. If all parties agree, private arbitration may be binding and the parties give up the right to judicial review of the arbitrator's decision. In private arbitration, the parties select a private arbitrator and are responsible for paying the arbitrator's fees.

Mediation is a voluntary, flexible, and confidential process in which a neutral third party facilitates negotiations. The goal of mediation is to reach a mutually satisfactory agreement that resolves all or part of a dispute after exploring the interests, needs, and priorities of the parties in light of relevant evidence and the law. 

Notice: The Judicial Mediation Program has been suspended for the time being.

MEDIATION SERVICES OF THE BAR ASSOCIATION OF SAN FRANCISCO (BASF):

The ADR DEPARTMENT OF THE BAR ASSOCIATION OF SAN FRANCISCO (BASF), in cooperation with the Superior Court, is designed to help civil litigants resolve disputes before they incur substantial costs in litigation. BASF’s panel of experienced, professional and impartial mediators work with parties to help them arrive at mutually agreeable solutions. Parties can select their mediator from the website www.sfbar.org/mediation or BASF can assist with mediator selection. BASF pre‐screens all mediators based upon strict educational and experience requirements and handles administrative matters, including conflict checks and case management. BASF charges an initial fee of $295 per party, which covers (1) BASF’s administration costs, (2) the first hour of preparation time, and (3) the first two hours of mediation time. Mediation time beyond that is charged at the mediator’s hourly rate, which varies depending on the mediator selected. Waivers of BASF’s fee are available to those who qualify. For more information, call 415‐982‐1600 or email adr@sfbar.org.

COMMUNITY BOARDS MEDIATION SERVICES

Mediation services are offered by Community Boards (CB), a nonprofit resolution center, under the Dispute Resolution Programs Act. CB utilizes a three-person panel mediation process in which mediators work as a team to assist the parties in reaching a shared solution. To the extent possible, mediators are selected to reflect the demographics of the disputants. CB has a success rate of 85% for parties reaching a resolution and a consumer satisfaction rate of 99%. The fee is $45-$100 to open a case, and an hourly rate of $180 for complex cases. Reduction and waiver of the fee are available. For more information, call 415-920-3820 or visit communityboards.org.

PRIVATE MEDIATION

Although not currently a part of the court’s ADR program, parties may select any private mediator of their choice. The selection and coordination of private mediation is the responsibility of the parties. Parties may find mediators and organizations on the Internet. The cost of private mediation will vary depending on the mediator selected.

The San Francisco Superior Court encourages the use of Voluntary Expedited Jury Trials (“EJTs”) in appropriate cases.  EJTs provide an excellent opportunity to resolve your client’s case in an expeditious and inexpensive way.  Click on the EJT Information Sheet PDF Document to learn more.