(a) In General
Parties are encouraged to use judicial settlement conferences conducted by
judges in this District or any other private alternative dispute resolution (ADR)
process on which they can agree, including mediation, early neutral
evaluation, nonbinding summary trial, and arbitration.
(b) Consideration of ADR
(1) Standard Track Cases. Under the scheduling order issued in all
Standard Track cases, the parties must confer with each other, and
counsel must consult with their clients, about ADR options.
(2) Complex Track Cases. Before the initial scheduling conference, the
parties must confer with each other, and counsel must consult with their
clients, about ADR options and must be prepared to discuss those
options with the judge at the initial scheduling conference.
(3) Exempted Actions. Exempted from the requirement to consider and
consult about ADR are actions assigned under Local Rule 16.1 to the
Administrative Track or the Prisoner Civil Rights Track.
(c) Judicial Settlement Conferences
The district judges, magistrate judges, and bankruptcy judges of this District
are available to conduct judicial settlement conferences with counsel and the
parties. Requesting a judicial settlement conference is voluntary. If all parties
consent, a judge assigned to the matter may conduct the settlement conference.
To request a judicial settlement conference, one of the parties should contact
the Clerk. All decision makers necessary to make settlement decisions for each
party must be available for the conference.
(d) Confidentiality
Confidential communications of the parties, counsel, neutrals, or judges made
during any ADR proceedings may not be disclosed to others. Such
communications are not admissible in any later proceeding, including the trial
of the matter, except as the Federal Rules of Evidence permit.
District of Maine Local Rules
