(a) Initial Conference. At the initial scheduling conference held pursuant to Fed. R. Civ.
P. 16(b), in civil cases in which all parties are represented by counsel, the possibility
of settlement shall be discussed, and the Court will determine if a method of
Alternative Dispute Resolution (“ADR”) should be utilized in the case. The attorneys
shall be prepared to discuss the advisability of referring their cases to alternative
dispute resolution. ADR, without limitation, may include mediation by a Court
approved mediator pursuant to the Court’s Plan for Alternative Dispute Resolution,
private mediation, judicial settlement conferences, an early neutral evaluation, a mini-
trial, summary jury trial or the like.
(b) Party Requests. At any time after the initial Rule 16 scheduling conference, any party
may inform the Court that the case is ripe for ADR and request the Court to direct the
case to mediation in accordance with the Court’s Plan for Alternative Dispute
Resolution or some other form of ADR.
The parties may request a judicial settlement conference only after they have engaged
in and certify to the Court that they have participated in good faith in at least one
unsuccessful mediation under the Court’s Plan for Alternative Dispute Resolution or
private mediation.
(c) Court Ordered Alternative Dispute Resolution. The Court may order the parties to
undergo any form of ADR, including but not limited to mediation pursuant to the
Court’s Plan for Alternative Dispute Resolution, (at
http://www.tnwd.uscourts.gov/mediation-plan.php, attached hereto as APPENDIX
D.1).
(d) Reporting Mediation Results. Within 7 days of the mediator’s submission of the
“Mediation Certification” referenced in §5.11(b) of the Court’s Plan for Alternative
Dispute Resolution, the parties shall, without disclosing the parties’ respective
positions at the ADR, file a notice that the ADR was successful or unsuccessful and
whether some other form of ADR might assist in resolving the matter.
(e) Relief from Alternative Dispute Resolution Requirement. By motion for good cause
shown, a party may be relieved of the obligation to participate in ADR.
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