by Nancy Reinhardt
Alternative Dispute Resolution, in whatever form, provides opportunities for creative solutions without the necessity and expense of a trial, as well as the delays associated with the same. ADR can take on many forms: negotiation, mediation, arbitration, and settlement conferences. It is a vital and integral part of our practices.
Each type of Alternative Dispute Resolution should be evaluated in terms of its potential to create a workable solution and avoid a trial.
If negotiation (conversations about case resolution which can occur at any time) is not successful, parties and counsel should determine whether to participate in a mediation, arbitration, or settlement conference. The Court may order participation in a Mandatory Settlement Conference.
Mediation may be appropriate in a situation where there are communication issues which may or may not be caused by or complicated by factors such as emotions. Mediation may not be the right choice if there is unequal bargaining power, abuse of any kind, a desire for public trial (generally a decision made on principle), or a differing willingness or desire to resolve the matter.
In order to increase the opportunities for a successful mediation, all parties and counsel should participate. There may be other individuals who should participate such as a duly authorized representative of the insurance company or surety, for example. All decision-makers should participate.
In addition to minimizing costs and delays, mediation also minimizes risk. By participating directly in the process, the parties have more control in the outcome as opposed to participating in a trial, whether it is a jury trial or a bench trial. There is no certainty relative to trial outcomes.
There are fundamental differences between mediation and arbitration with the primary one being that a mediation is not binding on the parties whereas arbitration generally is binding. In a mediation, the neutral facilitates a discussion between parties and counsel which will lead, hopefully, to a resolution of the dispute, in part or in whole. The mediator does not decide who wins or loses, nor do they make factual findings or legal rulings.
In an arbitration, parties and counsel present evidence to the arbitrator along with arguments, much like a trial although certainly less formal. The arbitrator decides the outcome of the case. The parties can elect nonbinding or binding arbitration. If nonbinding, any party can request a trial after the arbitrator’s decision. If binding, the arbitrator’s decision is final. There is no right to a trial post-decision by the arbitrator.
In a settlement conference, a judge or settlement officer works with the parties to negotiate a settlement. The settlement conference may be voluntary or mandatory.
The Los Angeles Superior Court offers a number of programs and ADR opportunities across the various legal disciplines. Some of these programs are offered at no cost and others are offered as low-cost or reduced-cost programs.
There are specific requirements for each type of ADR program offered, including the types of cases served by each program. The programs offered include Civil Mediation Vendor List, Mediation Volunteer Panel, Mediation Center of Los Angeles Referral Program, Resolve Law LA Virtual Mandatory Settlement Conference, Online Dispute Resolution, Dispute Resolution Program Act Day-of-Hearing Mediation, and the Probate Pro Bono Settlement Program, among others.
The Court’s website contains information about each of these programs as well as several others. This information can be fond at the following location – www.lacourt.org/adr.
Some of these programs are offered by outside agencies/vendors such as Mediation Center of Los Angeles. Others are administered by organizations such as local bar associations. There are so many ways to get involved. As the court recently shared in its Alternative Dispute Resolution Recognition Ceremony which was held on March 19, 2025, volunteers are the heart of the settlement programs which help the court and the community.
One of the programs recognized on March 19th was the Probate Pro Bono Settlement Program. This program is graciously administered by the San Fernando Valley Bar Association. It was indeed an honor for our program to be mentioned by Judges Michele Flurer and Brenda Penny. The program was well-done and well-received. The video is available for anyone who would like to watch it. Quite impressive as to the number of available programs and volunteers!
As we look back on the reintroduction of the program with the conferences conducted on Zoom, the San Fernando Valley Bar Association remains grateful to the Los Angeles Superior Court for the opportunity to continue to spearhead the program. It is both an honor and a privilege, one we do not take lightly or for granted.
The Probate Volunteer Settlement Officer Program is an all-volunteer program. The panel consists of experienced probate attorneys who generously donate their time and expertise in an attempt to settle matters (either in part or in their entirety) referred to the program by the probate judges. Each conference is three and one-half hours in length. The Settlement Officer may agree to spend more time with parties and counsel on that date or an agreed-upon date. This additional time may be provided at no charge although the volunteer may work out an agreement with parties and counsel that allows them to be compensated for their additional time. The program has been tremendously successful since its inception with a lot of the matters settled within the initial three- and one-half-hour time frame.
There is no cost to parties or their counsel to use this program. This is a tremendous benefit when you consider the costs associated with mediation, even the low-cost programs or lower cost programs. Each of these programs plays an integral role in access to justice.
Now that Judge Robert Wada has been assigned to Department 29 and is no longer available to hear Mandatory Settlement Conferences, and given that there is no current plan to assign a new judge to handle MSCs, we anticipate that the demand for the Probate Settlement Officer Program will multiply exponentially. As it is, the next available conference date is approximately eight months in the future.
In order to meet the needs of the parties and counsel using the program and assist the Court as best as possible in reducing its workload, the program requires two things: more qualified volunteers and increased participation from its existing panel members.
If you are not already a panel member and have at least five years’ experience in California actively practicing in the probate/trust/guardianship/conservatorship area with no disciplinary actions pending, please consider submitting an application. The application can be found online on the San Fernando Valley Bar Association’s website, www.sfvba.org. Volunteers benefit at a personal level. Parties and their counsel benefit. The workload for the Court is lightened. A win-win for all.
If you are a panel member, please consider serving at least one Thursday per quarter. This program allows the volunteer to self-schedule, hopefully taking their own schedule commitments and obligations into account. An increase in volunteers would serve to shorten the delay in conference availability and return dates for Court hearings.
As with any program, especially a volunteer program, there are so many people to thank. First, to Judges Penny, Wada, and Jonathan Rosenbloom for their guidance and desire to reintroduce the program which had been suspended during the pandemic. Second, to all of the probate judges who have served as the program liaison. Third, to all of our probate judges who encourage the use of the program and make the necessary referrals. Finally, to Anaruth Gonzalez, Deirdre Robertson, Julia Vitiello, Jose Mendez, and the rest of the Court staff who have been instrumental and supportive.
To the staff at the San Fernando Valley Bar Association, Linda Temkin and Seth Chavez, thank you. To Kyle Ellis, an officer, member of the executive committee, and Trustee, much appreciation for doing all of the training for our volunteers. You provide an invaluable service.
To the committee with whom I have the privilege of serving, thank you for everything you do to improve this program on a regular basis. Kira Masteller, Mark A. Lester, William F. Kruse, Sarah Broomer, Alice Salvo, and Bonnie Braiker-Gordon – it is my honor to work with each of you. Each of the members of the Committee that organizes and facilitates the program is a long-time volunteer, most of whom have been serving since the program was active in Van Nuys, pre-Court consolidation. The San Fernando Valley Bar Association generously facilitates the calendar, the training, and the collection of volunteer applications for the Committee to review. It also provides the Zoom accounts that are used to host the conferences.
And last but not least, to our volunteers without whom this program does not and could not exist. Each of you has played such a vital role in the success of the program. We look forward to your continued involvement.
We had twenty (20) of our approximately one hundred (100) person panel facilitate all of the settlement conferences in 2024. Although recognized by the Court during the recent Alternative Dispute Resolution Ceremony, a special thanks goes to each of the following individuals for graciously donating their time and expertise:
David Shapiro
Taylor Williams-Moniz
Daniel Herbert
Leo Drubach
Ron Berman
Brad Baker
Lawrence Lebowsky
Kelley Bannon-Lashley
Mark A. Lester
Mina Sirkin
Meg Lodise
Frances Martin
Blake Rummel
Nicholas Van Brunt
Nancy Reinhardt
Melody Dosch
Kira Masteller
Richard “Tag” Hoefflin
John Glowacki
Joel M. Simon
On behalf of the steering committee and the Probate Settlement Officer Program, it is my honor to specifically and particularly acknowledge the efforts of one of our volunteers, Joel M. Simon. In 2024, Mr. Simon served thirteen times. That excludes continued conference dates. Always gracious and always happy to help. Joel, thank you for going above and beyond. You set a great example for all of us and we are grateful and better for knowing you.
In conclusion, this program is a vital tool to assist the overburdened Probate Courts to manage their calendars and reduce trial days. This requires a sufficient pool of qualified volunteers and the participation by those volunteers in conducting settlement conferences, currently scheduled on Thursday mornings. Check out our amazing program and volunteer soon. It really does take a village.
Nancy Reinhardt is a sole practitioner in Sherman Oaks whose practice focuses on estate planning, trust administration, conservatorships, and related litigation. She formerly chaired the Probate & Estate Planning Section for the SFVBA. She is currently a member of the Executive Committee for the Trusts & Estates Section for the Los Angeles County Bar Association.
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