(a) Mediated Settlement Conferences During Discovery. In selected civil
cases (see section [b] for a description of cases automatically selected for mediation)
there shall be conducted a mediated settlement conference in accordance with LR 83.9a-
g. The conference may be set for any time during the discovery period, as agreed by the
parties. In appropriate cases, the parties may wish to schedule the mediation early in the
discovery period, after a first round of depositions or other discovery. In other cases, the
parties may choose to set the conference near the end of the discovery period after all, or
substantially all, discovery is complete. The parties shall discuss the timing of the
mediated settlement conference during the Rule 26(f) meeting of the parties.
(b) Automatic Selection by these Rules. Several categories of civil cases are
automatically selected for mediated settlement conferences, without specific order by the
Court. These categories include, according to the nature of suit designations made in
opening the case in CM/ECF or as listed within the court forms appearing at
www.ncmd.uscourts.gov, (1) contract [categories 110-140 and 160-195, specifically
excluding 150-153], (2) tort [all categories, 310-385], (3) civil rights [all categories, 440-
444], (4) labor [all categories, 710-791], (5) property rights [all categories, 820-840], (6)
antitrust [category 410], (7) banks and banking [category 430], (8)
securities/commodities/ exchange [category 850] and (9) environmental matters [category
893]. The parties to these actions shall discuss mediation plans at the Fed.R.Civ.P. 26(f)
meeting of the parties and report such plans in their Rule 26(f) Report in preparation for
the entry of an initial pretrial order. See LR16.1(b)(c) and (d). Cases wherein the United
States is a party or the plaintiff appears pro se are not included within this automatic
selection for mediation.
(c) Exemption from Mediated Settlement Conference. Any party, or parties
jointly, may move for exemption from the requirement for a mediated settlement
conference. The Court will grant such a request only for good cause. A general assertion
that settlement is unlikely or only a remote possibility does not serve as good cause for
exemption.
