San Francisco

San Francisco

Wednesday, July 20, 2011

Consider this....

Courts are too crowded so the Superior Court develops a program called Alternative Dispute Resolution (ADR).  This program is intended to assist attorneys and litigants in resolving their differences prior to trial.  The early settlement concept would, theoretically, free up the court's time.

Makes sense.

I participated in Alternative Dispute Resolution through court recommended mediation and the case settled on October 19, 2009.  However, the same case was filed against me less than two months later.  I am currently trying to get the court to recognize this faux pas and make a ruling.  Settled.  Can't file again.  Alternative Dispute Resolution!

In fact, there have already been many Supreme Court Rulings regarding this very same thing.  The highest Court in the land agrees that once a matter has been settled in mediation, it cannot be filed again.  The second case against me was even filed under the same court case number!

How many times does this happen?  Well, considering that there are many cases that have already been heard by the Supreme Court, I would guess it has happened many times.

This is a HUGE waste of the court's time.  These attorneys are not only blatantly mocking a program that was put into place to reduce backlog but they are creating even more backlog.