Law & Motion/Discovery Disputes



RESOLVE Law San Diego’s experienced volunteer Neutrals are available to assist parties with discovery disputes and other law and motion, either on a binding or nonbinding basis, free of charge.

The parties, through counsel, enter into a stipulation to have the matter in dispute determined by the volunteer Neutral. The parties submit briefing to the Neutral, and the Neutral issues a written Decision.

If the parties elect the Neutral’s decision to be binding (in accordance with Code of Civil Procedure section 638), the parties may submit it to the court to become the order of the court. If the parties elect the Neutral’s decision is nonbinding, it may be utilized by the parties in their efforts to reach a voluntary resolution of the issues.

Here are the steps to select a RESOLVE Law San Diego volunteer NEUTRAL for discovery disputes and other law & motion matters

  1. Click on the FIND A NEUTRAL tab to view all available Volunteer Neutrals.

  2. Agree on a neutral with your opposing counsel.

  3. Complete and submit the RESOLVE Law JOINT PARTY APPLICATION, which can be found under the FORMS tab on this website. It is very important to include the names of all counsel and all parties, so that the selected Neutral can perform a thorough conflict check

  4. Once the application is completed your selected Neutral will be contacted and asked to perform a conflict check. Please note that RESOLVE Law San Diego is not requiring Neutrals to send out disclosure forms.

  5. If your selected Neutral does not have a conflict, all counsel will be notified that the Neutral has accepted the assignment.

  6. The Neutral and the parties will be responsible to contact each other to schedule the hearing. Briefs must be exchanged via email at least 3 business days before the hearing, subject to the Neutrals discretion. Briefs are limited to 5 pages and 10 pages of exhibits. It is the Neutral’s discretion to expand the page limit or disregard any documents submitted which exceed these limits.

  7. Counsel is responsible for filling out, signing, and submitting one of two form stipulations to the neutral. All form can be found under the FORMS section of this website.

    1. The first form is entitled STIPULATION FOR USE OF NEUTRAL FROM RESOLVE LAW SAN DIEGO FOR BINDING DECISION AND [PROPOSED] ORDER.  In this instance, the parties are agreeing that the neutral will issue a binding written Decision, which can be entered by the court as an order.

      • If the stipulation is for a binding decision, the parties will be responsible for filing it with the court pursuant to CCP section 638; and

    2. The second form is entitled STIPULATION TO USE NEUTRAL FROM RESOLVE LAW SAN DIEGO FOR NONBINDING DECISION. In this instance, the written Decision cannot be and will not be entered by the court as an order. The nonbinding Decision is intended to assist the parties in reaching a voluntary resolution of the issues.

Please note that the Neutrals will not be able to perform any services unless one of the fully executed stipulation is received.

  1. The Neutral will hold oral argument via conference call, Zoom, or through other remote means. The oral argument shall be limited to one hour in the aggregate.

  2. All counsel and parties agree that unless otherwise directed by the Neutral they will not communicate with the Neutral on an ex parte basis. All communications with the Neutral, including electronic communications, must include all other counsel.

  3. The Neutral will electronically issue a Decision to all counsel within five business days of the hearing. The Neutral retains the right to extend that time, depending on the schedule of the Neutral.

  4. The Neutral cannot recommend or issue sanctions.

  5. Counsel are responsible for all follow-up pursuant to the original stipulation and otherwise. The Neutral’s responsibilities are terminated upon issuance of the Decision.

  6. The parties are required to coordinate with the Neutral who will be responsible for submitting the CASE DISPOSITION form to RESOLVE Law San Diego. This form can be found under the FORMS tab on this website.

  7. Should the matter not resolve within the scheduled time the NEUTRAL has discretion to volunteer additional time or end the hearing. The Neutral may not charge for any additional time.

  8. If the Parties believe that they cannot adhere to the strict page limit on briefs or the time limit for the hearing, please contact RESOLVE Law San Diego to inquire as to whether your matter can be accommodated. Please remember our NEUTRALS are volunteering their time, please respect their time and do not submit briefing that exceeds the limit or expect more time from them.

Find a Neutral