(a) Availability. This Court shall offer alternative dispute resolution to all parties in
every civil case. Mediation shall be the common and preferred means of
alternative dispute resolution. Other means of alternative dispute resolution shall
be made available by this Court upon request of all parties, except in those cases
in which the alternative form may be prohibited by statute.
(b) Requests for Referrals. Alternative dispute resolution shall not be
automatically required in every case. Upon joint motion of all parties, the Court
shall refer the case for alternative dispute resolution in the form requested by the
parties, unless that form is prohibited by statute. If one party makes a unilateral
request for referral, the Court may refer the case for alternative dispute resolution
in any nonbinding form deemed appropriate by the presiding judge. In any other
case, the presiding judge may require the parties to participate in alternative
dispute resolution in any nonbinding form permitted by statute and deemed
appropriate by this Court.
(c) Neutrals. Upon joint motion of all parties, the Court shall refer the case to an
alternative dispute resolution resource outside the Court. In all other cases, a
United States district judge, magistrate judge, or bankruptcy judge shall serve as
the neutral when the matter is designated by the presiding judge for alternative
dispute resolution.
(d) Training and Disqualification of Neutrals. As the primary alternative dispute
resolution resource persons for the Court, the magistrate judges shall receive
appropriate training as may be offered by the Federal Judicial Center,
Administrative Office, or other approved agency. In requesting referral to an
outside alternative dispute resolution resource, the parties shall provide to the
Court satisfactory documentation as to the qualifications of the designated neutral.
Complaints concerning the performance of any neutral, including a district,
magistrate, or bankruptcy judge, shall be addressed to the chief United States
district judge. This Court may disqualify from further service any person, who is
deemed unqualified to serve as a neutral in a particular case, or in all cases.
(e) Confidentiality. If requested by the applicant, any unilateral request for
alternative dispute resolution referral shall be maintained in the strictest
confidence by all officers of this Court. Once entered, however, all orders of
referral shall be matters of public record. Communications and/or information
provided during any alternative dispute resolution process shall be kept
confidential by all parties and by the neutral. Any information or document
which is otherwise produced through a legitimate discovery process is exempted
from this confidentiality requirement. Any party may seek entry of a protective
order to prevent or limit discovery of any information or document which has
become known to the opposing party only because of participation in an
alternative dispute resolution process. Any party who participates in alternative
dispute resolution with a district, magistrate, or bankruptcy judge of this Court
shall be deemed to have consented to any party’s ex parte communication with
that judge made in the course of attempted resolution of the dispute.
(f) Scheduling. Alternative dispute resolution sessions may be scheduled at the
discretion of the parties and the neutral. Alternative dispute resolution shall
proceed independently of all other pretrial development in the case. Referral of a
case for alternative dispute resolution shall not operate so as to modify or stay any
scheduling provisions of any pretrial order. Parties engaged in alternative
dispute resolution may apply to the Court for such modifications or stays upon
demonstration of exceptional cause.
(g) Enforceability. The Court will not assist in the enforcement of any agreement,
settlement, or fee arrangement from any alternative dispute resolution process
which is not annexed by the Court. In all other situations, the parties may invoke
any of the Court’s traditional enforcement mechanisms.
(h) Coordinator. This Court shall designate an employee or a judicial officer who
is knowledgeable in alternative dispute resolution practices and processes to
implement, administer, oversee, and evaluate the Court’s alternative dispute
resolution program.
TITLE III - CRIMINAL RULES
