If the parties cannot agree on the ADR process, they shall proceed to mediation. Although in many cases, the cost of ADR will be offset by savings in legal expense and delay, we have designed the rule to insure that it does not become an economic barrier to court access. A number of types of litigation are exempt from ADR and the court has authority to exempt other actions for good cause shown. The court is encouraged to waive the ADR requirement if the expense of ADR would present an economic hardship to any party. The parties are free to select their own neutral on their own terms.
Provision is made for reduced fee and pro bono services from a neutral when necessary.
Because the rule does not become effective for approximately one year, all parties and attorneys will have ample time to establish acceptable and economical arrangements for compliance. All feedback greatly appreciated. LexFocus Inc. All rights reserved.