Local Rule RULE 9019–2: Alternative Dispute Resolution (ADR)

RULE 9019–2 Alternative Dispute Resolution (ADR)

(a) Authorization. The Court encourages the parties to meet and consult with each other to achieve settlement. The use of mediation as an alternative dispute resolution process in all adversary proceedings, contested and other matters, is authorized. A motion for Court approval of non-judicial or neutral mediation is not required. However, such mediation shall not alter any deadlines in an applicable scheduling order absent further order of the Court.

(b) Availability of Circuit Court of Appeals' Mediation Program.

(1) Pursuant to District Court Local Civil Rule 84.4, a case may be assigned to the Circuit Court of Appeals' Mediation Program (the "Mediation Program") by joint request of the parties at any time sufficiently in advance of a scheduled trial as to not delay the trial or by the Court at either the initial or final pretrial conference. To request mediation under the Mediation Program, the parties must submit a consent order signed by all attorneys (or by the parties themselves, if not represented by an attorney) requesting referral to the Mediation Program. Pursuant to District Court Local Civil Rule 84.5, after entry of an order referring a case to mediation, the mediation staff will appoint from the Circuit Court of Appeals' panel a mediator who is available during the appropriate period and who has confirmed, following such inquiry as may be appropriate, that no personal or professional conflict precludes their participation as mediator. The Circuit Executive's Office will notify the parties of the appointment. The District Court Local Civil Rules governing the Mediation Program shall apply to all matters assigned to the Mediation Program, and the parties are encouraged to familiarize themselves with the same.

(2) The Court may require litigants to participate in the Mediation Program after giving them an opportunity, in response to an order to show cause, to explain why mediation would not be appropriate in their case.

(c) Judicial, Non-Judicial, or Neutral Mediation.

(1) Contents of Motion. All motions for mediation shall include the following information: (i) the name of the proposed mediator or mediation service; (ii) the costs of said mediator or mediation service; (iii) the way in which the costs of said mediator or mediation service will be divided between the parties; (iv) any briefing schedule regarding the submission of mediation briefs; and (v) settlement authority of the mediator or mediation service.

(2) Except for as set forth in part (b) of this Rule, in any adversary proceeding, contested or other matter, mediation shall only be commenced upon entry of an order approving mediation.

(3) Upon the filing of a joint motion and submission of a consent order, the parties may request, but are not entitled to, judicial, non-judicial, or neutral mediation.

(4) Any party may request mediation other than by consent by filing a motion and notice of a hearing on no less than fourteen (14) days' notice served on all other parties. The motion must state the basis for the request for mediation and that a good faith effort was made to seek mediation by consent without success.

(5) The Court may require litigants to participate in mediation after giving them an opportunity, in response to an order to show cause, to explain why mediation would not be appropriate in their case.