Arbitration saving courts time, money in Douglas

When the Nevada Supreme Court starts building a mediation program for foreclosures, they already have a successful model to follow.

Douglas County's courts have been conducting mediations for 15 years and the program has saved both taxpayers and participants money.

Special Master Steve McMorris has been operating the county's court-annexed arbitration program since its inception.

The program was developed for Clark and Washoe counties to reduce the number of civil cases in the court system.

"These are strictly money cases," McMorris said. "The vast majority are personal injury, breach of contract or collection cases."

With a $25,000 limit, the cases are not so large as the big money cases, but they do allow the district judges to focus on those cases.

"Judge (Dave) Gamble made the comment that nobody's asking for a third district court in Douglas County," McMorris said.

In his annual report to Gamble and Judge Michael Gibbons, McMorris said that more than 1,000 civil cases were filed over the past four years, with 431 in 2008. Of the total, only two have gone to trial.

Hard times have increased the load on the arbitration program, with more credit card cases being filed.

"Every credit company and bank you can think of has filled a case to collect," he said. "All of them are seeking money from folks who aren't paying."

The program starts when a civil case is answered by the defendant. If the case goes to default, it's over.

After an arbitrator is selected, the parties have 30 days to talk about the case and decide who the witnesses are going to be.

"At the hearing the arbitrator hears it just like a court case, but the rules of evidence are relaxed."

McMorris said the act of talking often helps settle a case.

"Very few cases get to arbitration hearings," he said.

Once the hearing is held, the arbitrator makes a ruling.

If either party doesn't like the result, they can seek a trial.

McMorris credited the more than 100 attorneys who serve as arbitrators in the program.

"The program would not work if not for the full participation of the attorneys here in Northern Nevada," he said. "They don't make as much as they would on the street. What I've seen over last 14 years is a real conscientious effort to get a just result."

Chief Deputy District Court Clerk Bobbie Williams said the program works very well.

"Our judges really like the arbitration program," Williams said. "Judge McMorris instrumental in several huge cases."

The Nevada Supreme Court is holding a hearing on foreclosure mediation 4 p.m. Tuesday at the Nevada Supreme Court.

McMorris, a Genoa resident, served as Douglas County district aattorney and was Tahoe Township justice of the peace before he took on the role of special master and arbitration commissioner for the Ninth Judicial District Court.