San Mateo Superior Court Multi-Option ADR Project, "M.A.P."
Evaluation Highlights- July 2007- July 2008

MAP Civil and Probate ADR Programs

The Civil and Probate ADR Programs provide assessments and referrals to trained and experienced neutrals who are attorneys, non-attorney professional neutrals and retired judges. It is a voluntary, market-rate program, with income-based, pro bono and modest means services available.

There were 741 cases referred to the Civil ADR Program for fiscal year 2007-2008. For the Civil ADR Program report, we captured only one quarter of the year's data: October, 2007 to December, 2007. In this quarter, there were 170 cases referred to the program, and we received 96 responses to the survey.

Voluntary Participation:

73% of cases referred to the program proceeded to ADR; 27% did not or had not yet gone to ADR.

Of Those Cases Where ADR Had Been Completed:

71% settled fully. 3% partially settled. 26% did not settle at ADR session.

Cases Not Participating in ADR:

• 23% of cases settled after referral to the program without proceeding to ADR.
• 27% had other situations (e.g., case was stayed, bankruptcy proceedings, etc).
• 15% of cases were dismissed.
• 15% had an ADR session pending.
• 12% had not yet scheduled an ADR session.
• 8% found ADR not suitable/unwilling to participate.

ADR Process Utilized:

100% Mediation (no cases in surveyed period proceeded to neutral evaluation or binding arbitration).

Time:

Duration of average ADR session: 4.0 hours with an average of 1.2 sessions.

Case Types:

• 36% Personal Injury
• 26% Business
• 13% Real Estate
• 9% Employment
• 5% Construction
• 3% Professional Malpractice
• 3% Complex Litigation
• 5% Other (e.g., insurance, intellectual property, etc.)

Court Time:

95% of respondents thought that court time was reduced as a result of ADR. 5% thought court time was increased.

Costs Savings:

85% of respondents thought that ADR reduced costs, 15% thought ADR increased costs. 49% of plaintiffs' attorneys and 28% of defense attorneys who responded to survey thought that proceeding to ADR reduced litigation costs in the range of $10,000 or less. 46% of plaintiffs' attorneys and 56% defense attorneys estimated cost savings in the range of $10,000 to $50,000.

At What Phase in the Dispute was the ADR Session Held:

• 42% after some preliminary discovery had been completed.
• 30% after significant discovery.
• 22% trial was imminent.
• 6% within four months of filing.

Participant Satisfaction Rates (the ranges include differing responses from plaintiffs, defendants and counsel):

• Fairness of process: 78%-92% were satisfied/very satisfied
• Neutral understood key issues: 80%-90% were satisfied/very satisfied
• Would use the neutral again: 80%-89%
• Would use MAP program again: 80%-90%