Evaluators (a) Appointment. After entry of an order referring a case to ENE, the ADR Unit will appoint from the Court’s panel an Evaluator who has expertise in the subject matter of the lawsuit, is av

U.S. District Court for the Northern District of California

Rule Set: ADR Local Rules of the United States District Court for the Northern District of California

Rule: 5-3

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. ADR L.R. 5-3

(b) Compensation. ENE Evaluators shall volunteer up to two hours of preparation time and the first four hours in an ENE session. After four hours in an ENE session, the Evaluator may (1) continue to volunteer his or her time or (2) give the parties the option of either concluding the proceeding or paying the Evaluator. The ENE proceeding will continue only if all parties and the Evaluator agree.

If all parties agree to continue, the Evaluator may then charge his or her hourly rate or such other rate that all parties agree to pay. If more substantial preparation by the Evaluator is desired, the parties may discuss appropriate alternative payment arrangements with the Evaluator. Alternative arrangements must be approved by the ADR Legal Staff. No party may offer or give the Evaluator any gift.

(c) Payment. All terms and conditions of payment must be clearly communicated to the parties. The parties may agree to pay the fee in other than equal portions. The parties must pay the Evaluator directly, or the Evaluator’s law firm or employer, as directed by the Evaluator.

On a questionnaire form provided by the Court, the Evaluator shall promptly report to the ADR Unit the amount of any payment received.

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