Both before the initial Rule 26(f) conference and within 60 days after the deadline for close of
discovery, counsel must discuss with their clients and opposing counsel the appropriateness and
timing of alternative dispute resolution (ADR).
When the presiding judge in any civil matter determines that a settlement conference, mediation, or
other method of ADR may assist in the resolution of a case, the presiding judge may refer the case
to ADR either on motion of the parties, or sua sponte. If the parties agree upon an ADR method or
provider, the court will respect the parties’ agreement unless the presiding judge finds that another
ADR method or provider is better suited to the case and parties.
The parties or party representatives with full settlement authority, as well as any other persons
necessary to affect a settlement (such as insurance carriers), must attend all ADR proceedings. ADR
proceedings shall remain confidential.
