exception of subsection (a) which applies only to settlement
proceedings before a district judge or magistrate judge, the following
requirements shall apply to all ADR Procedures unless otherwise
ordered by the settlement judge or the neutral:
(a) STATEMENT OF CASE - The parties shall submit in writing
to the settlement judge, in camera (but not file), a confidential
settlement statement (not to exceed five (5) pages) setting forth
the party’s statement of the case and the party’s settlement
position, including the last offer or demand made by that party
and a separate statement of the offer or demand the party is
prepared to make at the settlement conference. This
confidential settlement statement shall be delivered to the
settlement judge at least five (5) days before the date of the
conference.
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LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA
(b) APPEARANCE BY PARTY - Each party shall appear at the
settlement proceeding in person or by a representative with
final authority to settle the case, which in the case of lawsuits
brought by or against the United States or any of its agencies as
a party, shall involve the attendance of an attorney charged with
responsibility for the conduct of the case and who has final
settlement authority as provided by his or her superiors. A
corporation or other non-governmental entity satisfies this
attendance requirement if represented by a person who has final
settlement authority and who is knowledgeable about the facts
of the case. Representatives of insurers with decision-making
authority are required to attend settlement proceedings, unless
personal attendance is excused by the settlement officer. At the
discretion of the settlement officer, and only with the settlement
officer’s express authorization, parties residing outside the
District may have a representative with final settlement
authority available by telephone during the entire proceeding, in
lieu of personal appearance.
(c) APPEARANCE BY LEAD TRIAL ATTORNEY - Each party
shall be represented at the settlement proceeding by the attorney
who is expected to try the case, unless excused by the
settlement officer.
(d) PREPARATION BY PARTY - Each party shall have made a
thorough analysis of the case prior to the settlement proceeding
and shall be fully prepared to discuss all economic and non-
economic factors relevant to a full and final settlement of the
case.
