Most of you who are reading this article have taken advantage of the Court's Alternative
Dispute Resolution services. In the old days this office was called "the arbitration office." This, of
course, has all changed with the advent of many more options for dispute resolution. The number
of private ADR providers has exploded over the last decade, offering a plethora of wonderful, happily
retired judicial officers who have traded in their black robes for silk suits. These retired judges offer
attorneys a wonderful service that did not exist, for the most part, 15 years ago. In the good old
days you had judges like Jack Tenner sitting in his downtown courtroom like a tyrant, threatening liti-
gants to settle ... or else. Judge Tenner's threats were very effective.
Although there are now numerous capable private mediators, there are still thousands of
cases which are sent to the Court's ADR office for assignment. So here's the problem. WE NEED
YOUR HELP. The court sends out hundreds of cases a month through the ADR office to volunteer
hearing officers like me, Jack Girardi and Steven Maloney. But we need plaintiff attorneys with civil
experience to volunteer for the panel. Some years ago when the state had no money, arbitrators
received $150.00 per hearing. For most this amount represented a thank you for taking the time out
of your practice to hear the matter, but some, who will remain nameless, handled up to10 arbitra-
tions a day. Not bad. $1,500 per day, low overhead. That all changed when the court was forced
to "temporarily" eliminate the fee, promising reinstatement when there's money. I suspect it is now
possible, but, well, you know.
The number of hearings assigned monthly out of the Central Los Angeles Courthouse amount
to (supply number), and the total number of attorney hearing officers are (xxx ) so, there's the prob-
lem. More cases than attorneys who can hear them. This means that for many litigants, the choice
is to have a non-lawyer hearing officer, which is not, in and of itself, a bad thing. There are some
trained non-lawyer volunteers who are skilled mediators, however, most lack any real understanding
of the legal issues, which can be critical for a successful mediation. We need experienced, caring,
talented hearing officers. Without a competent supply of volunteers, the ADR process will be waste
of time. My personal experiences suggest that when the volunteer is someone who appreciates the
legal issues, knows the area of law involved and can speak from personal experience, the probabili-
ty of success is much higher. I have been involved in complex cases that have settled, without the
need to pay the silk suits, because experienced attorneys volunteered their time to help resolve the
case.
Volunteering serves multiple purposes. You have the Court's eternal thanks, you have good
hearing officers available for your cases that are sent to ADR, and you have an efficient court sys-
tem with open court rooms for you to try your case. On top of all that, you can learn a great deal by
acting as a hearing officer. Here's what you need to do:
Contact the ADR..... The ADR office is sort of like the Red Cross. It's there when you need
it, and having good, competent help can be a life saver. Save a life - volunteer. The life you save
may be your own.