(A) General
The Court adopts these Rules pursuant to the Alternative Dispute Resolution Act of
1998 to make available to litigants a program of Court-annexed dispute resolution
processes designed to provide quick, inexpensive and satisfying alternatives to
engaging in continuing litigation.
The Court establishes mediation, summary jury trials and summary bench trials as
the forms of alternative dispute resolution (“ADR”) available to the litigants in this
Court. These are available in all civil actions, including adversary proceedings and
contested matters in Bankruptcy being heard by the District Court, except those
cases listed in Civil Local Rule 16.2(A).
(B) Definitions
“Presiding judge” is the judge to whom the case is assigned for trial. The presiding
judge will not preside over any form of ADR.
“Mediation” is a non-binding settlement process involving a neutral mediator who
assists the parties to overcome obstacles to effective negotiation. In cases assigned
to a district judge, the neutral mediator will normally be the magistrate judge to
whom the case is referred.
“Summary jury trial” is a non-binding pretrial procedure in which the parties try
their cases by narration to a jury with a judge presiding. The verdict or verdicts will
serve as an aid in the settlement process.
“Summary bench trial” is a non-binding pretrial procedure consisting of a
summarized presentation of a case to a judge whose decision and analysis will serve
as an aid to the settlement process.
(C) The ADR Administrator
The “ADR Administrator” is a person appointed by the Court with full authority
and responsibility to direct the program created by these Rules. The ADR
Administrator will:
(1) Oversee the operation of the ADR program in this Court;
(2) Assign cases to various judges throughout the district for ADR processes;
(3) Prepare application for funding of the ADR program and administer any
funds assigned; and
(4) Prepare such reports as may be required by the Court or the Administrative
Office of the U.S. Courts concerning the operation of the program or the
use of any funds allocated.
(D) Referral to ADR
Parties are encouraged to use the ADR process created by these Rules. At the initial
Rule 16 conference, the presiding judge will inform the parties of the availability
of ADR processes and will encourage the parties to participate in ADR at an
appropriate time. All litigants in civil cases, except those in cases listed in Civil
Local Rule 16.2(A), are to consider the use of alternative dispute resolution
processes at an appropriate stage of the litigation.
(E) Mediation
(1) Eligible Cases. Any civil case, including adversary proceedings in
bankruptcy, may be referred to mediation.
(2) Reference to Mediation. A case may be referred to mediation at any time
but only on agreement of the parties.
(3) Private Mediation. Nothing in these Rules will prevent the parties from
agreeing or contracting to utilize private mediation. The parties will notify
the ADR Administrator upon initiating private mediation and within 14 days
after conclusion of private mediation.
(4) Neutrality of Mediator. If at any time the Court-assigned mediator becomes
aware of or a party raises an issue with respect to the mediator’s neutrality,
the mediator will either recuse himself or ask the ADR Administrator to
determine the validity of the objection. In the event of recusal or well-
founded objection, the ADR Administrator will designate another judge to
act as mediator.
(5) Written submissions to the mediator. Within 7 days prior to the first
mediation meeting, parties must submit to the mediator a memorandum
setting forth their respective legal and factual positions. Such memoranda
will be confidential and will not be disclosed to anyone.
(6) Attendance. The attorney who is primarily responsible for each party’s case
must personally attend all mediation conferences and must be prepared and
authorized to discuss all relevant issues, including settlement. The parties
must be present unless excused by the mediator. When a party’s interest is
represented by an insurance company, an authorized representative of the
insurance company with full settlement authority must attend. Willful
failure of a party to attend the mediation
conference will be reported by the mediator to the ADR Administrator for
transmittal to the presiding judge, who may impose appropriate sanctions.
(7) Confidentiality. The entire mediation process is confidential. Neither the
parties nor the mediator may disclose information regarding the process,
including terms of settlement, to the Court or to third persons unless all
parties otherwise agree. Parties, counsel and mediators may, however,
respond to confidential inquiries or surveys by persons authorized by the
Court to evaluate the mediation program. Information provided in such
inquiries will remain confidential and will not be identified with particular
cases.
The mediation process will be treated as a compromise negotiation for
purposes of the Federal Rules of Evidence and corresponding state Rules of
evidence. The mediator is disqualified as a witness, consultant, attorney, or
expert in any pending or future action relating to the dispute, including
action between persons not parties to the mediation process.
(F) Summary Jury Trial
Any civil case triable by jury may be assigned for summary jury trial when all
parties consent to such a proceeding. Such a proceeding will be conducted by a
judge other than the presiding judge.
Summary jury trial is a flexible ADR process. The procedures to be followed
should be set in advance by the judge who is to preside in light of the circumstances
in the case.
Revised 04/2016
