IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
REGARDING CASES ASSIGNED TO
CHIEF UNITED STATES DISTRICT JUDGE RODNEY GILSTRAP
STANDING ORDER REGARDING PARTICIPATION OF LOCAL COUNSEL IN
MEDIATION EFFORTS
WHEREAS, Alternative Dispute Resolution in general and mediation in particular are
recognized by the Court as beneficial and efficient in civil litigation of all types; and
WHEREAS, it is this Court’s longstanding policy and practice to require active mediation
in all civil cases at such times as scheduled by the court and prior to trial; and
WHEREAS, mediation is materially more likely to be successful if (in cases in which local
counsel have appeared) such efforts actively and substantially involve local counsel; and
WHEREAS, the Court views the active and material participation of local counsel in all
phases of trial practice in civil cases as beneficial and efficient, and commends such to all parties
appearing before it,
NOW, THEREFORE, IT IS ORDERED THAT:
In all civil cases in which local counsel appear of record prior to mediation being
undertaken, local counsel shall be physically present at and materially involved in the mediation
process at all times and stages. Any court appointed mediator who learns that local counsel have
not so been used, shall report the same to the Court, and such conduct shall be presumed by this
Court to evidence a failure to mediate in good faith as required by this District’s Court Annexed
Mediation Plan (see: http://www.txed.uscourts.gov/?q=court-annexed-mediation-plan) and may
subject any offending party and counsel to sanctions as the Court deems just and proper.
The terms of this Standing Order shall immediately apply to all active civil cases currently
pending before the undersigned or that may be assigned to the undersigned hereafter.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 30th day of April, 2018.
____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
