The district court encourages the use of alternative dispute resolution (ADR), including
early dispute resolution, arbitration, mediation, settlement conference and other ADR
processes, to reduce the expense and the stress of litigation. The parties must actively
discuss alternate dispute resolution before the CMC and inform the Court of settlement
prospects during the CMC.
a. Mediation.
The parties may agree to mediate and select a private mediator to assist with the
resolution of their dispute(s). During the CMC, the parties will inform the Court
if a mediator has been selected and mediation scheduled.
b. Judicial Participation in Dispute Resolution.
1. Judge Assignment. If mediation is not scheduled by the CMC, the Court will
schedule a settlement conference before a judge to facilitate
communication and negotiation between the parties in order to reach a
resolution of their dispute(s). As a general rule, the judge assigned to try
the matter will not participate in dispute resolution with the parties. Upon
written stipulation of all parties, however, the assigned judge in the
exercise of his or her discretion, may preside over an early dispute
resolution or settlement conference.
2. Early Dispute Resolution (EDR) Conference. Upon request of the parties or by
order of the Court, an early dispute resolution conference before a judge
will be scheduled shortly after the CMC. This conference, which takes
place early in the discovery process, will allow each party to present a
summary of legal theories and evidence in an effort to negotiate a prompt
cost-savings resolution. The EDR judge may require the presence of the
parties and counsel or allow attendance by telephone or video-
teleconference.
3. Settlement Conference.
A. The Court will routinely set at least one settlement conference in its
Case Management Scheduling Order to take place after substantial
discovery has taken place. However, the parties may agree at any
time to private mediation or any party may request an earlier
settlement conference.
B. Unless specifically excused by the settlement judge for good cause,
each party and counsel will be required to attend the settlement
conference, either personally or through a representative with full
authority to participate in settlement negotiations.
C. By order, the settlement judge may require the submission and/or
exchange of settlement offers and statements, which will not be
made part of the case file. Such statements should address
undisputed and disputed factual and legal issues, remedy sought and
any other matter that may further a just, speedy, and inexpensive
resolution of the case, including estimated fees and expenses likely
to be incurred if the matter proceeds to trial.
