(a) 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) employment and 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.
(b) Discretionary Selection by the Court. In its discretion, the Court may
order a mediated settlement conference in any action not automatically selected under
section (a), above. After entry of such an order, the parties shall have 21 days to file a
statement identifying an agreed-upon mediator. If a mediator is not selected by the
parties within such period, the court shall appoint a mediator in the manner provided by
these rules.
(c) Stipulated Selection by the Parties. In any case where selection for a
mediated settlement conference is not automatic under section (a) of this rule, the parties
may file a stipulation for mediation. In such stipulation, the parties may state any
agreements they have reached regarding the identity of the mediator, the timing of the
conference, and any modification of the procedures described by these rules.
(d) Exemption from Mediation. Any party, or parties jointly, may file a
motion for exemption from mediation. Such a motion will be granted only on a showing
of good cause. A general assertion that a case is not likely to settle or that settlement
possibilities are remote does not constitute good cause.
