Assembly Bill No. 392–Committee on Judiciary

March 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning use of alternative methods to resolve certain disputes. (BDR 3-1293)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to courts; authorizing the parties to certain actions to use a settlement conference, short trial and other alternative methods of resolving disputes under certain circumstances; providing for the adoption of rules and procedures governing the use of alternative methods of resolving disputes; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 38.250 is hereby amended to read as follows:

1-2 38.250 1. Except as otherwise provided in NRS 38.310:

1-3 [1.] (a) All civil actions filed in district court for damages, if the cause

1-4 of action arises in the State of Nevada and the amount in issue does not

1-5 exceed $40,000 , must be submitted to nonbinding arbitration in

1-6 accordance with the provisions of NRS 38.253, 38.255 and 38.258 [.] ,

1-7 unless the parties have agreed to submit the action to an alternative

1-8 method of resolving disputes established by the supreme court pursuant

1-9 to NRS 38.258, including, without limitation, a settlement conference,

1-10 mediation or a binding short trial, and that method has resulted in a

1-11 binding disposition of the action. If an action is submitted to an

1-12 alternative method of resolving disputes pursuant to this paragraph and

1-13 a binding disposition of the case does not result, the action must be

1-14 submitted to nonbinding arbitration, but the parties may agree to submit

1-15 the action to another alternative method of resolving disputes while the

1-16 nonbinding arbitration is pending or after the nonbinding arbitration has

1-17 been completed.

2-1 [2.] (b) A civil action for damages filed in justice’s court may be

2-2 submitted to arbitration or to an alternative method of resolving disputes,

2-3 including, without limitation, a settlement conference, mediation or a

2-4 binding short trial, if the parties agree [, orally or in writing,] to the

2-5 submission.

2-6 2. Any agreement entered into pursuant to this section must be in

2-7 writing. If the parties to an action knowingly and willingly enter into

2-8 such a written agreement, the agreement shall not be deemed

2-9 unenforceable as an unreasonable contract of adhesion.

2-10 3. As used in this section, "short trial" means a trial that is

2-11 conducted, with the consent of the parties to the action, in accordance

2-12 with procedures designed to limit the length of the trial, including,

2-13 without limitation, restrictions on the amount of discovery requested by

2-14 each party, the use of a jury composed of not more than six persons, and

2-15 a specified limit on the amount of time each party may use to present his

2-16 case.

2-17 Sec. 2. NRS 38.258 is hereby amended to read as follows:

2-18 38.258 [In any civil action that is required to be submitted to

2-19 arbitration pursuant to NRS 38.250, the]

2-20 1. The supreme court may [also] authorize the use of settlement

2-21 conferences and other alternative methods of resolving disputes ,

2-22 including, without limitation, mediation and a binding short trial, that are

2-23 available in the county in which [the] a district court is located [, if] :

2-24 (a) In lieu of submitting an action to nonbinding arbitration pursuant

2-25 to NRS 38.250;

2-26 (b) After an action is submitted to nonbinding arbitration because an

2-27 alternative method of resolving disputes did not result in a binding

2-28 disposition of the action; or

2-29 (c) At any other time during or following nonbinding arbitration if the

2-30 [court determines that such participation] parties agree that the use of any

2-31 such alternative methods of resolving disputes would assist in the

2-32 resolution of the dispute.

2-33 2. If the supreme court authorizes the use of an alternative method

2-34 of resolving disputes pursuant to subsection 1, the supreme court shall

2-35 adopt rules and procedures to govern the use of any such method.

2-36 3. As used in this section, "short trial" has the meaning ascribed to it

2-37 in NRS 38.250.

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